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1.0 General
1.1 UV4.com (the "Service") is a wireless entertainment service. (the "Terms") will apply to all sales of mobile content ("Products") made to you the customer via the Service.
1.2 Please review these terms and conditions carefully before you start using this service. Use of the Service is conditioned on your acceptance without modification of the terms, conditions, and notices. Your use of the Service indicates your agreement to all such terms, conditions and notices. If you do not agree to the Terms, you may not use the Service. UV4.com reserves the right to modify this agreement at any time without notice. Modifications to this agreement will be effective immediately as of the date that modification is posted on the Service. You are responsible for regularly reviewing these terms and conditions for modifications. Your continued use of the Service indicates your knowledge and acceptance of the agreement and any subsequent modifications.
2.0 Use of Service
2.1 You must be at least 18 years of age to purchase Products from this Service.
2.2 This Service may contain and deliver mobile content, including ringtones, games, videos, graphic logos, bulletin board services, and other message or communication services. UV4.com has no obligation to monitor these services. UV4.com reserves the right to review and remove communication materials in its sole discretion.
2.3 You assume total responsibility and risk for your use of this Service. To the extent permitted by law, UV4.com provides all Services, Products and Information on an "AS IS" basis and does not make any warranties, express or implied, representations or endorsements with regard to the Service, merchants, information, or products offered on this Service.
2.4 UV4.com does not claim ownership of the materials you provide to UV4.com (including feedback and suggestions) or post, upload, input or submit to this Service for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting UV4.com permission to use your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights. No compensation will be paid with respect to the use of your Submission, as provided herein. UV4.com is under no obligation to post or use any Submission you may provide and UV4.com may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
2.5 As a condition of your use of the Site/Service, you will not use the Site/Service for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site/Service in any manner that could damage, disable, overburden, or impair the Site/Service, or network, connected to the Site/Service, or interfere with any other party's use and enjoyment of the Site/Service. You may not attempt to gain unauthorized access to the Site/Service, accounts, computer systems or networks connected to the Site/Service, through any means. UV4.com reserves the right at all times to disclose any information as UV4.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
2.6 Unless otherwise specified, the Site/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Service.
2.7 The UV4.com Service may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of UV4.com and UV4.com makes no warranties or representations with regard to the Linked Sites and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. UV4.com is not responsible for web casting or any other form of transmission received from any Linked Site nor is UV4.com responsible if the Linked Site is not working appropriately. UV4.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UV4.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the UV4.com Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. UV4.com shall not be responsible or liable for any part of any such dealings or promotions.
2.8 UV4.com reserves the right to terminate your access to the Site/Service at any time, without notice.
3.0 Price and Delivery
3.1 The price of any Product purchased through the Service will be the price specified in the Service at the time of your purchase. Payment may be made via MasterCard, American Express or Visa and includes debit cards. Upon presentation of the "Card" the purchaser warrants that he/she is the cardholder or has the permission of the cardholder to use the cards and that the billing information provided is accurate. UV4.com will not issue refunds based upon inaccuracies represented by the purchaser. By approving the purchase of the product, you authorize UV4.com to charge the Card for the purchase.
3.2 Member Subscription: This Service requires you to open an account. You must complete the registration process by providing UV4.com with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify UV4.com immediately of any unauthorized use of your account or any other breach of security. UV4.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by UV4.com or another party due to someone else using your account or password. The Service subscription is not transferable, such that you may not authorize other persons to sue your account. Any distribution by you of your account name and password my result in cancellation of your subscription without refund and in additional charges based upon unauthorized use.
3.3 Pre-Paid Cards: The Terms of Use for the Pre-Paid cards: these Terms also apply to the Use of the Pre-Paid cards.
3.4 Delivery: Delivery of Product(s) purchased pursuant to these Terms will be made directly to your cellular phone or computer. The details of the delivery process will be provided to you at the time of purchase. Delivery is conditional. In order for proper delivery, your cellular phone must be turned on; capable of receiving the Product(s); set to receive text messages (Please note that not all mobile phones allow the storage of new ringtones). Ordered Product(s) can only be delivered when the cellular phone is on a compatible network, a full list of which is available on the order form. Provided that the cellular phone and cellular phone provider's network will accept the Product(s), delivery of the Product will occur within 24 hours of completion of the order. Typically, delivery of the Product(s) occurs within a matter of seconds. We will attempt to deliver the ordered Products a total of three times to the same cellular phone. If the Product(s) has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Product(s) has been received. If the Product(s) cannot be delivered, UV4.com will refund the payment, provided that the Product's non-delivery to the cellular phone is not the result of the Purchaser's error. If the Purchaser's error caused the non-delivery, payment will not be refunded.
4.0 Privacy Policy
4.1 The information provided by you to UV4.com is subject to our Privacy Policy. Your use of the Service indicates your agreement to be bound by our Privacy Policy. UV4.com and its agents or associates may, at its discretion, use your name and the cellular telephone number provided at the time of purchase to market additional products and services. If you do not wish to receive additional offers, please contact us at the contact information contained in the contact us section of the site.
5.0 Liability
5.1 The information, Products and Services included in or available through the UV4.com Site/Service may include inaccuracies or typographical errors. Changes are periodically made to the UV4.com Site/Service and to the information therein. UV4.com and/or its authorized agents may make improvements and/or changes in the UV4.com Site/Service at any time. UV4.com and its authorized agents make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the UV4.com site for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. UV4.com and its authorized agents hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that UV4.com shall not be responsible for unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received. You specifically agree that UV4.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
5.2 Damages: In no event shall UV4.com, its officers, directors, employees, contractors, affiliates, suppliers, subsidiaries, parent company or agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the UV4.com Site/Service, with the delay or inability to use the UV4.com Site/Service or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the UV4.com Site/Service, or otherwise arising out of the use of the UV4.com Site/Service, whether based on contract, tort, negligence, strict liability or otherwise, even if UV4.com or any of its authorized agents have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the UV4.com Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the UV4.com Service.
6.0 Miscellaneous
6.1 This agreement is governed by the laws of the The United Kingdom. (UK) You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in UK. in all disputes arising out of or relating to the use of the UV4.com Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and UV4.com as a result of this agreement or use of the UV4.com Service. You agree to indemnify and hold UV4.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the UV4.com Service. UV4.com reserves the right to disclose any personal information about you or your use of the UV4.com Service, including its contents, without your prior permission if UV4.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of UV4.com or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. UV4.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UV4.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the UV4.com Service or information provided to or gathered by UV4.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and UV4.com with respect to the UV4.com Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and UV4.com with respect to the UV4.com Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SUBJECT TO CHANGE WITHOUT NOTICE
EXHIBIT A
End User License Agreement
UV4.com, INC. END USER CONTENT LICENSE AGREEMENT FOR HAND HELD COMPUTER AND MOBILE DEVICE USE ONLY.
IMPORTANT: THIS END USER CONTENT LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND UV4.com, INC. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE CONTENT. IT PROVIDES A LICENSE TO USE THE CONTENT AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE CONTENT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE CONTENT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL THE CONTENT.
1.0 Definitions
1.1 "UV4.com," means UV4.com, and its licensors, if any.
1.2 "Content" means the UV4.com, ringtones, RealTones, message tones, games, wallpapers, applications and graphics and third party, ringtones, RealTones, message tones, games, wallpapers, applications and graphics, in each case, supplied by UV4.com.
2.0 License Grants
2.1 UV4.com, grants you a non-exclusive, non-transferable right to install and use the Content on a single hand held computer, laptop, desktop computer or mobile device. You may not reproduce, copy or distribute by any means, method or process whatsoever, any of the Content licensed by this Agreement, including, but not limited to, transferring or downloading any such Content to another computer hard drive, or otherwise copying the Content onto any other storage medium.
2.2 You agree that UV4.com may audit your use of the Content for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Content by you other than in full compliance with the terms of this Agreement, you shall reimburse UV4.com, for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
2.3 Certain rights are not granted under this Agreement, but may be available under a separate Agreement. If you would like to enter into a distribution Agreement or learn of other licensing strategies, please contact us at: admin@uv4.com
3.0 License Restrictions
3.1 You may not make or distribute copies of the Content, or transfer the Content from one hand held computer or mobile device to another. You may not alter, merge, modify, or adapt the Content.
3.2 You may not sell, rent, lease, or sublicense the Content.
3.3 You may not modify the Content or create derivative works based upon the Content.
3.4 If you fail to comply with this Agreement, UV4.com, may terminate the license and you must destroy all copies of the Content (with all other rights of both parties and all other provisions of this Agreement surviving any such termination).
4.0 Ownership
4.1 The foregoing license gives you limited license to use the Content. UV4.com, Inc. and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Content and all copies thereof. All rights not specifically granted in this Agreement including Federal and International Copyrights, are reserved by UV4.com, Inc. and its suppliers.
5.0 WARRANTY DISCLAIMER
5.1 THE CONTENT IS PROVIDED TO YOU ON AN "AS-IS" BASIS. UV4.com, PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE CONTENT.
5.2 UV4.com, INC. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. UV4.com DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. UV4.com, INC. SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
5.3 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
5.4 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UV4.com, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5.5 (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6.0 LIMITATION OF LIABILITY
6.1 NEITHER UV4.com, NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE CONTENT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF UV4.com, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6.2 UV4.com, TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF 10€ OR THE AMOUNT PAID BY YOU FOR THE CONTENT THAT CAUSED SUCH DAMAGE.
6.3 (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6.4 THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.
7.0 Basis of Bargain
7.1 The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the Agreement between UV4.com, and you. UV4.com, would not be able to provide the Content on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of UV4.com, licensors.
8.0 (Outside of the USA) Consumer End Users Only
8.1 The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
8.2 The limitations or exclusions of warranties, remedies or liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
9.0 Third Party Content
9.1 The Content may contain third party Content which requires notices and/or additional terms and conditions. Such required third party Content notices and/or additional terms and conditions are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
10.0 General
10.1 This Agreement shall be governed by the internal laws of the United Kindom, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts sitting in England, or the United Kindom to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
10.2 This Agreement contains the complete Agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous Agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Content licensed hereunder shall be of no effect. The failure or delay of UV4.com, to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
10.3 No UV4.com, dealer, agent or employee is authorized to make any amendment to this Agreement.
10.4 If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
10.5 All questions concerning this Agreement shall be directed to: UV4.com.
10.6 UV4.com, and other trademarks contained in the Content are trademarks or registered trademarks of UV4.com, and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. This Agreement does not authorize you to use UV4.com, or its licensors' names or any of their respective trademarks.
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