Nametonz

Send fun, personalised greetings & ringtones to any mobile or email!

Terms and conditions

  1. LEGALLY BINDING: Acceptance of the following Terms constitutes
    a legally binding agreement between you and BopCards Pty Limited
    trading as NameTonz.
  2. INTERPRETATION: 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 BopCards Pty Ltd ("Company" or "NameTonz"). This Agreement explains our obligations to you, and your obligations to us in relation to the NameTonz Service.
  3. AGE REQUIREMENT: Accessing the NameTonz Service via your mobile device requires downloading various content (each a "Download(ing)"). Prior to Downloading content you 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 NameTonz Service on behalf of the subscriber; and agree on behalf of the subscriber and yourself to be bound by the terms and conditions of this Agreement.
  4. DESCRIPTION OF NAMETONZ SERVICE: NameTonz provides downloadable mobile entertainment and messaging content, such as ringtones, video and other applications via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices as well as Internet connected computers (the "Service").
  5. ACCESS TO 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, 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. 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. The company makes no warranty that the Service will work with your device or that the Service is free from fault. The Service is provided “as is” with no right to further updates, corrections or refunds.
  6. LICENSE: Subject to the terms of this Agreement, NameTonz grants you a non-exclusive, revocable, non-transferable, non-assignable, personal, limited license to (a)Download content-such as sound and video recordings; (b) display or play, as the case may be, such Content on a single cellular phone or similar device (a "Device") owned by you. You acknowledge and agree that the Service is for your personal use on the mobile device designated during the Download. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s). You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s). You may not interfere with other people’s use of the Service.
  7. FEES, AVAILABILITY AND TERMINATION: The fee that NameTonz charges for future transactions and the availability of NameTonz content is subject to change or termination at any time. If you fail to pay for the Service or are otherwise in breach of this Agreement the Company hereby notifies you that your license to use the Service is terminated and the Company may seek reasonable compensation from you. Upon termination of this Agreement the 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. You agree that Company shall not be liable to you or any third party for any termination of your access to the Service.
  8. COMPLIANCE: You will not use the Service or Content for illegal purposes but will abide by and comply with: (i) all applicable local, state, national, and international laws and regulations in your use of the Service or Content (including laws regarding the transmission of technical data exported from the United States), and(ii) all requirements, procedures, policies and regulations of networks connected to the Service.
  9. OFFENSIVE CONTENT: You acknowledge that some of the Content or communications on the Service may be offensive to you or to others who you may expose, deliberately or inadvertently, to the Content or the Service. The Company makes previews of the Content available on the Website, and you agree to be responsible for previewing any Content with which you may be unfamiliar prior to requesting a Download of such Content. You agree that you will be solely responsible for any aspect of the Service that you or others might find objectionable.
  10. THIRD PARTY LINKS: Company is not responsible in any way for, and does not guaranty the availability of, any email from or links to third party Web sites and resources which may be accessed through the Company Web site. In addition, Company does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.
  11. INFRINGEMENT CLAIMS: If you believe that any material available through the Company Web site infringes upon any copyright you own or control, or that any link on the Company Web site directs users to another Web site that contains material that you own or control, you may file a notification of such infringement with Company's Designated Agent. Please refer to the "Copyright Policy" and "Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement" set forth on the Company web site at www.nametonz.com.
  12. 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. 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, regulation or contract.

    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. Further detail www.nametonz.com.
  13. INDEMNITY: You agree to release, indemnify, defend and hold harmless Company, its parent 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.

    When Company is threatened with suit or sued by a third party, Company may seek written assurances from you concerning your promise to indemnify Company; your failure to provide those assurances may be considered by Company to be a material breach of this Agreement. Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Service, with counsel of Company's choice at its expense. Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Company against any claim, but you must receive Company's prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.
  14. LIMITATION OF LIABILITY: COMPANY'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNER. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR DEVICE OR PERSONAL COMPUTER CAUSED BY THE CONTENT.
  15. INTELLECTUAL PROPERTY: NameTonz™, the NameTonz™ logo, and other Company trademarks, service marks, graphics, logos and Downloads used in connection with the Service and Content are owned by BopCards Pty Ltd in Australia and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service and Content may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. All references to the names and likeness of performing artists on the Company Site are for promotional purposes only.
  16. GOVERNING LAW AND JURISDICTION: This Agreement will be exclusively governed by the jurisdiction of the courts of State of New South Wales, Australia. Each party hereby irrevocably consents to the jurisdiction and venue of such courts.
  17. GENERAL: (a) Entire Agreement. This Agreement comprises the entire agreement among you and Company and supersedes any prior agreements pertaining to the subject matter contained herein.(b) Effect of Waiver. The failure of Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.(c) Survival. Any provision in this Agreement that by its nature should survive the termination of this agreement shall continue to remain in full force and effect after the termination or expiration of this Agreement (e.g., indemnification, limitation of liability, disclaimer of warranties).
  18. SUPPORT AND CONTACT: For customer support or other enquiries please contact enquiries@nametonz.com

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

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