Terms of Service
Mobilefunster Inc. encourages users to read all the Terms of Service (Terms) and Privacy Policy before completion of service registration and the Terms constitute an entire legal agreement (Agreement) between users and Funmobile respect to the Service hereof. Mobilefunster Inc. hereinafter referred as "Funmobile".
In this Agreement, "You", "Your", "User" refers to the party utilizing Funmobile's services. "We", "Us", "Our" refers to Mobilefunster Inc..
1. Access
You represent that you are of legal age to agree to the Terms of Service and Privacy Policy, or you are at least 18 years of age and have your parent's permission to access and use Funmobile Service and to complete the registration process. Neither Funmobile nor the Services are intended to be used by, and are not directed to, children who are under 16 years of age. Funmobile will treat all visitors and registered users the same and shall not be responsible for ensuring that parental consent has been obtained. You have consent of the subscription service and agree on behalf of the subscriber and yourself to be bound by the Terms of Service of this Agreement.
2. Funmobile Services
Funmobile provides downloadable mobile entertainment content services (Service) including tones, games, graphics, news with deployment of SMS, MMS, WAP, or via the Internet and other means of mobile content delivery systems. As a user, you shall acknowledge and agree that the download(s) and the Service are for your personal use. You may not or attempt to download or copy Funmobile's content in any medium of transmittance or websites and activities of disclosure, distribution and transmittance, including, but not limited to, any download (s) of content.
3. Privacy
You acknowledge that Funmobile may collect and process your personal information including, but not limited to information that could be used to contact you, such as full name, postal address, mobile phone number and e-mail address. We may collect demographic and usage information including, but not limited to information that you submit for voting polls, surveys, contests and that 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. You are consent to transfer your personally identifiable information to Funmobile to contact you electronically in delivering notices related to your use of the Service and the website. For more details, please read Privacy Policy.
4. Intellectual Property Rights
Except, otherwise indicated or set forth herein, all rights, titles and interests in and to any intellectual property and proprietary rights or other rights regarding intangible property which are developed, used, comprising embodied in, or practiced in connection with any of the Service and owned by Funmobile or its licensors. You agree to make no claim of interest in or ownership of any such Funmobile's intellectual property rights. You acknowledge that no title to the 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 expressively granted in this Agreement.
5. Service Fees
Following Terms of Service Section 2 (b), the amount of weekly fees for the Subscription Plans or a particular Plan in a particular subscription period are identified and available. You agree to pay your telecommunication operator or device operator the fee that corresponds to the Subscription Plan that you have selected with the fees in effect at the time of your order. The charges shall be invoiced on the bill from your telecommunication operator unless otherwise indicated. All fees are subject to change upon notice from Funmobile and Funmobile will provide you with notice of such change(s). If you do not accept the new fees, you have fourteen (14) days from the date of such notice to cancel your Subscription Plan and/ or Account which will be made effective at the end of the subscription period. All fees are due immediately and are non-refundable, unless otherwise indicated.
6. Limitations on Liability
IN NO EVENT SHALL CSW PTE LTD BE RESPONSIBLE FOR, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF :
- YOUR BREACH OR VIOLATION OF THE TERMS OF SERVICE OF THIS AGREEMENT;
- YOUR ACCESS AND USE OF Funmobile SERVICE;
- YOUR INABILITY TO ACCESS OR USE Funmobile SERVICES FOR ANY REASON;
- YOUR ACTIVITIES OF DOWNLOADING ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR
- YOUR RELIANCE UPON OR USE OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR THE COLLECTIVE WORK, EVEN IF Funmobile HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Funmobile'S LIABILITY IS LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO Funmobile FOR USE OF THE SERVICE. THE LIMITATION WILL APPLY TO ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO WARRANTY, CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
7. Disclaimer on Warranties
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 Funmobile SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. 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. Funmobile 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 SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 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 Funmobile'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, Funmobile, 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 EVEN IF Funmobile HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT SINGAPORE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SINGAPORE.
8. Indemnification
You shall defend, indemnify and hold harmless Funmobile and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to :
- Any breach or violation of this Agreement by you;
- Your failure to provide accurate, complete and current personally identifiable information requested or required by Funmobile;
- Your access or use of Funmobile Service;
- Your access or use of Funmobile Service under any user name and password(PIN) that may be issued to you; and
- Your use of any Service stated in the Subscription Plan.
9. Termination and Cancellations of Services
If you wish to cancel your Subscription Plan, you may go to "My Profile" after you have inputted your mobile phone number and PIN (password) to deactivate your request at "My Campaign". To cancel Wallpaper Club, please send "STOP WP" or "ARRET WP" to 60066. To cancel Games Club, please send "STOP GM" or "ARRET GM" to 60066. To cancel Themes Club, please send "STOP TH" or "ARRET TH" to 60066. To cancel Polytones Club, please send "STOP PL" or "ARRET PL" to 60066. To cancel Truetones Club, please send "STOP TT" or "ARRET TT" to 60066. To terminate or cancel all Services, send "STOP", "END", "QUIT" or "ARRET" to 60066 or send an e-mail to
care@funmobileca.com or contact our customer services representatives at 1877 456 5180. The termination shall become effective at the end of the billing period upon your notification of termination.
You agree that Funmobile, at its sole discretion, may terminate your use of the Service at any time and Subscription Plan(s) or individual services provided via the Service and/or change its content offering made available through the Service, if we believe 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, Funmobile 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 CSW 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, Funmobile will not refund any fees you paid to date, except as expressively provided in this Agreement.
10. Agreement Amendments
Funmobile reserves the right to update, amend and/or change this Agreement any time in its sole discretion and without notice. You are encouraged to read this Agreement from time to time in order to review any changes that have been made. The effective date of this Agreement is 15 January 2007. We appreciate your continued access and use of the Service of Funmobile following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Miscellaneous Provisions
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
No waiver of any portion of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Funmobile. The failure of Funmobile to require performance of any obligation hereunder shall not affect the Funmobile's 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.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Funmobile from time to time, shall survive your acceptance of this Agreement, the termination of your use of Funmobile Service, and the termination of your use of the Service.
CSW shall serve notices related to this contract by posting them on the website or by sending them to the postal address or electronic mail address provided by you or as a text message to your mobile phone number associated with your account. Notices sent by mail shall be deemed received seven days after they are being 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.
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. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
In the event this Agreement terminates as provided herein, Sections 2(b), 2(e), 2(f), 2(g), 2(h), 3, 4, 5, 6, 7, 8, 9 of this Agreement shall survive such expiration or termination.
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a) Registration
Any services and downloading activities are provided only if you have successfully completed the registration. First of all, you must have a mobile communication operator or otherwise have access to a mobile communication network to make it necessary to download content and pay the service fee associated with relevant services. On top of it, you must provide any device or software to get connected to the Service, including but not limited to a mobile phone and other devices available to access the Service. Funmobile will not be responsible for any damage and loss for your mobile phone or devices and any upgrades and the additional software required shall be at your own expense. You shall ensure your mobile device or software do not interfere Funmobile's operation. Funmobile reserves the right to disconnect and terminate the Service if a device is found to be causing interference. Unless explicitly stated, any new release of products and services shall be subject to the Terms of this Agreement.Funmobile may still provide you access to certain Services without your registration, in which case Funmobile, in its sole discretion, shall determine what means of identification shall be appropriate for your use of those Services.
b) Subscription Plans
You on behalf of the subscriber are consent to the Subscription Plans. Funmobile may modify the Service form time to time, for any reason, without notice. We reserve the right to terminate this Service with or without prior notice.
Funmobile introduces the Service offering a bundle of credits for a defined number of individual content download(s) for compatible mobiles including Alcatel, Asus, BenQ, Blackberry, Huawei, Hyundai, INNO, Kyocera, LG, Motorola, Mitsubishi, NEC, NOKIA, O2, Panasonic, Pantech, Phillips, Sagem, Samsung, Sanyo, Sendo, Sharp, Siemens & Sony Ericsson, Toshiba, et VK Mobile. It depends on the Plan which may set on renewable subscription basis. The details of the Subscription Plan such as the number of download(s) available and the renewal of a plan are incorporated into this Agreement by this reference and form part of the terms of this Agreement. You shall read carefully the current Subscription Plans Funmobile has offered including, but not limited to number of downloads available and the renewal period of a particular plan before signing up a subscription.
After you have signed up a subscription plan, input your mobile phone number and password (PIN) and you may view the details of your plan under "My Profile". The Subscription Plan begins upon your request and will provide you with access to the Services. The valid access maybe based on user name and password (PIN) generated for a particular purpose or on other data that Funmobile deems sufficient to make your access identifiable. The Service enables delivering downloadable mobile content of a content category (e.g. delivering a ringtone or news by SMS) you subscribed to or enabling you to download the product by delivering a WAP Push link or a password (PIN) for download(s) of the content. The Subscription Plan and subscription period will be renewed subscription period and a new subscription fee shall become due for the stated subscription period. The Subscription Plan shall remain valid in effect until expressively terminated and/ or cancelled by you or Funmobile.
The Subscription Plans include a certain defined number of credits that entitle you to download, receive and/or access that defined number of individual downloads of mobile entertainment content for a flat fee of a particular subscription period. After entering into your Subscription Plan, we will transfer download credit(s) to your account regularly on a particular subscription period basis. The type and number of credit(s) you are entitled to obtain depend on the type of Subscription Plan you have chosen. The provision of credit(s) and the making available of the possibility to download, receive and/or access mobile entertainment content is offered for a flat fee. The flat fee of a particular subscription period shall become due in the subscription period 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 in a particular subscription period. The number of credit(s) for downloads shall be reduced by actual number of downloaded mobile entertainment content, in other words the downloading a 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. Depending on the type of your subscription, if you do not use/redeem all your credits within the subscription period (e.g. one month), the unused credits will not be rolled over into the next subscription period and will expire at the end of the respective subscription period per category. 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 fee for the subscription period.
c) Registration Data
If you register for a Service on Funmobile, you shall
- Provide true, accurate and complete personal information. (Registration Data) and
- Maintain and update the Registration Data to keep it true, accurate, current and complete. You shall update your Registration Data as set forth in the Privacy Policy. By completing your registration, and based on the Registration Data you provide, Funmobile will establish a membership account for you (the "Account").
If Funmobile believes that your Registration Data is untrue, inaccurate or incomplete, Funmobile reserves the right to suspend or terminate any Service then being provided to you, as well as your Account, and refuse to provide you with any future use of the Service (or any portion thereof). You acknowledge and agree that Funmobile may rely on the Registration Data to send you important information and notices regarding your uses, Account and the Services, as further set forth in the Privacy Policy. Funmobile 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. Funmobile shall not be responsible for verifying your Registration Data.
d) User Name and PIN (password)
If you register for Services on http://funmobileca.com, Funmobile will set up an Account for you. You may be required to obtain a user name and password (PIN). Getting the user name and the password (PIN), you can view and manage your Account at "My Profile" after you have signed in. You acknowledge and agree that Funmobile may process all Account transactions, including, but not limited to, registration for additional Services that are initiated through the use of your user name and password (PIN).
You are solely responsible for maintaining the confidentiality of your user name and password (PIN).
The user name and password (PIN) created upon registration play a critical role in your personal information security. Funmobile will not be held responsible for any unauthorized access of illegal or unauthorized use of information or your information is accessed through unauthorized or improper use of your Account or membership privileges due to your failure to secure your password (PIN). You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities incurred by you as a result of the use of your user name and password(PIN), and that in no event shall Funmobile be liable for any unauthorized use or misuse of your user name and/or password (PIN). If you have any suspect in disclosure of your user name and password (PIN) to authorized party, we suggest you changing your password (PIN) or consult Funmobile about this.
Funmobile may need to change user names allocated to certain of its Services and reserves the right to make such changes. You will be notified of such change by Funmobile, if necessary to continue Service Funmobile.
e) Download(s)
All the information and any downloads made available to you as a part of the Service are entirely owned by Funmobile, its affiliates and licensors and are guarded by intellectual property laws. By completing the registration and the signing up of a Subscription Plan, Funmobile grants you a limited, non-exclusive, non-transferable, revocable license to download and use the related Service on a designated compatible mobile phone or device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Downloads or the related Service except as expressly provided for in this Agreement.
f) License to Download(s)
You acknowledge and agree that the Download(s) made available as part of the Service are owned by Funmobile, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Funmobile 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 phone or device.
g) Interruptions or Discontinuation of Service
Funmobile 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 Funmobile we will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 9 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 Funmobile 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.
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