Terms and Conditions
Specific terms
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Full terms
The terms and conditions detailed in this agreement ("Agreement") between you and [Couchplay Limited] govern your use of the services offered on this Website, our Mobile Site and all downloads that are effected via SMS, WAP Push, over the world wide web or via WAP (collectively, the "Service"). This Agreement contains the complete terms and conditions between you and us, explains our obligations to you, and your obligations to us in relation to the Service. By registering for the Service offered, you accept that you are entering into a contract with us on the terms of this Agreement.
BEFORE YOU USE OUR SERVICE, YOU MUST READ THIS AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS ON OUR WEBSITE LOCATED AT [www.handbuzz.com] OR BY REQUESTING AND DOWNLOADING MOBILE CONTENT TO A MOBILE DEVICE FROM A TELEVISION OR PRINT CAMPAIGN YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST NOT USE OUR WEBSITE OR THE SERVICE.
In this Agreement, "we" and "us" means [Couchplay Limited], a company registered in England whose registered office is at Office 36, 88-90 Hatton Garden, London EC1N 8PN and “you” and “your” means you the customer.
1 Description of the Service
We provide a range of downloadable mobile entertainment content through our website www.[handbuzz].com ("the Website"), through our mobile site ("the Mobile Site") and SMS (Short Message Service) to certain compatible mobile devices. After proper registration and payment, you will be permitted to download certain products through the Service to compatible mobile phones and other compatible devices. As a subscriber to the Service you can choose from a selection of mobile entertainment content including Fun/Celebrity Sound Ringtones, Wallpapers and other content as offered by us from time to time.
2 Registration and Access to the Service
(a) To register and use the Service you must be at least 16 years of age and have the consent of the person who pays the bills of the mobile service you are using to access our Service . In order to use the Service, you must also have a mobile communications subscription with a participating operator or otherwise have access to a mobile communications network through which the Service can be accessed, 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 handset or other mobile access device that is in working order and suitable for use in connection with the Service. You must ensure that your mobile handset or other mobile access device is compatible to effectively use the Service and is correctly configured to enable WAP download if requesting a Fun/Celebrity Sound or Wallpaper Download. With respect to Fun Sound/Celebrity Ringtones and Wallpaper Downloads you will receive a WAP push and will need to click on the link to commence the WAP download. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with our operations. Any equipment or software causing interference shall be immediately disconnected from the Service and we shall have the right to immediately terminate this Agreement without liability. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment, or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
(b) Contracts for our Service. We offer the Service as a bundle of credit for a number of individual downloads on a renewable subscription basis. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by us, but as an invitation for you to order. The contract for the ongoing subscription Service between you and us shall begin when we, upon your request, provide you with access to the Service (such access may be based on data that we deem sufficient for your identification). Access to the Service can be provided by delivering to you downloadable mobile entertainment content or by enabling you to download the service or product comprising the Service (e.g. membership confirmation delivered via SMS text message, by delivering a WAP-Push link for download of the downloadable mobile entertainment content on our Website). The subscription period is one week. The subscription contract and the subscription period will be renewed each week and a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated and/or cancelled by you or us according to Section 8 of this Agreement or as stipulated elsewhere in this Agreement.
Our weekly subscription service entitles you to download, receive and/or access individual downloads of mobile entertainment content deducted from credit. After entering into your subscription contract, every week we will transfer credit to your account for a weekly flat fee. The weekly flat fee shall become due every week your subscription contract is valid 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 service credits. The amount of credit for downloads shall be reduced by actual downloaded mobile entertainment content, in other words the download of mobile entertainment content is evaluated as redemption of credit and thereby reduces the total number of downloadable mobile entertainment content you are entitled to download, receive and/or access with your subscription contract during that particular subscription period. If you do not use/redeem all your credit within the subscription period, the unused credits will roll over into the next subscription period until the maximum credit balance reaches �40. If you download mobile entertainment content in excess of the amount allowed by your selected subscription contract, then you agree to pay the applicable retail rate for such additional downloads.
(c) Responsibility for the Use of the Service. You are fully responsible for all activities that occur through your use of the Service. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify us immediately in case you become aware of or suspect unauthorised use of your subscription. You agree that you will use the Service in accordance with such instructions as we may notify to you from time to time and in accordance with any applicable laws and regulations. You are responsible for all activity and usage of the Service and for any breaches of this Agreement that may result. You must ensure that the Service is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes. You agree that the Service is for your own use only and that you will not without our prior consent in writing re-sell or re-supply the Service to others for money or monies worth.
(d) Access without Registration. We may provide you with access to parts of the Service without you registering as a user. In that case your identification is based on other means of identification that we deem appropriate. Identification is typically based on data identifying your subscription, such as your mobile phone number. You agree that such information may be collected and disclosed to us and used in accordance with Section 3.
(e) Assignment. You may not transfer any of your rights or delegate any of your obligations under this Agreement without our prior written consent. We have the right to assign our rights and obligations under this Agreement and any receivables based on this Agreement to a third party or affiliate upon written notice to you, provided such assignment is made under terms no less favorable to you than those in this Agreement. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new party authorized to receive payment.
(f) License to Download(s). You acknowledge and agree that all downloads made available as part of the Service are owned by us, our affiliates and/or licensors, as applicable, and are protected by intellectual property laws. We hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the download(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, alter, edit, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the downloads except as expressly provided in this Agreement.
You agree that the rights holders, which license their musical and other content items to us for use in the Service, are comprehended in this sense by the scope of protection of this Agreement, and that they are themselves authorized to enforce the provisions of this Agreement, which relate directly to their content. Use of musical pieces is subject to the terms of use contained in this Agreement and you may not allow a third party to copy, modify, alter, edit, reproduce, perform, transfer, distribute, broadcast or use in any other manner pieces of music, which you use or receive, outside the limits narrowly allowed by copyright. You must immediately inform us of any such non-authorized use.
3. Privacy
You acknowledge that we collect and processes "personal information"(i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), "financial information" (i.e. credit card numbers, bank account information or passwords) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our Service, such as date regarding the start and end and the extent of your usage of the Service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Personal information collected by us may be stored and processed in the United Kingdom or any other country in which we or our agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Your personal information, financial and demographic information will be deleted no later than 6 months after termination of your subscription provided that we may store your information beyond this date if that is required by law or contract. Our Privacy Policy [insert link to Privacy Policy] forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data, as detailed in our Privacy Policy.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE ALL INSTRUCTIONS GIVEN BY US.
Except as expressly provided in this Agreement and except in jurisdictions where such provisions are restricted, we expressly disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
Except in jurisdictions where such provisions are restricted, you agree that our entire liability to you or any third person, in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for the Service during the term of this Agreement.
Except in jurisdictions where such provisions are restricted, we, our licensors and contractors (including any third parties providing all or part of the Service) shall not be liable in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with this Agreement, the Website and/or the Service, for consequential, indirect or special loss or damage or any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred. . Even if we have been advised of the possibility of such loss or damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, our liability is limited to the extent permitted by law in such country.
5. Indemnification
You undertake to indemnify us, our affiliates and partners, our and their respective officers, agents, partners and employees, and keep us and them indemnified fully at all times against all claims, demands, proceedings, damages, losses, costs, expenses, fines and charges which are made or brought against or incurred by us and them due to or arising out of your use of the content you download through the Service, your use of the Service, and/or your breach of this Agreement.
6. Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Service "Intellectual Property Rights" are owned by us or our licensors, and you agree to make no claim of interest in or ownership of any such 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 expressly granted in this Agreement.
Fun / Celebrity sounds are produced by impressionists and do not carry the approval or endorsement of the personality involved or any broadcasting institution.
We are not responsible for any content or materials constituting all or part of any download or any other aspect of the Service that you might find objectionable.
7. Charges
(a) Fees. The fees for Handbuzz subscription and pay as you go services are available at www.handbuzz.com. The weekly fee for the subscription service shall be charged for every subscription period the contract is in effect. You shall pay us for the Service ordered and the use thereof in accordance with the price list in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator.
(b) Fee Changes. All fees, including fees for existing subscription contracts, are subject to change upon notice from us. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.
(c) Late Payments. Any past due unpaid amount shall bear an annual interest of four percent (4%) or the highest interest allowed by applicable law, whichever is lower.
8. Termination and Cancellation of Service; Right to withdraw
To unsubscribe by text message, text "STOP" to 84300, or go to "unsubscribe" available at www.handbuzz.com. The termination shall become effective immediately upon receipt of termination request. Charges may still appear on your mobile phone bill the following month as mobile operators bill retrospectively.
You agree that we, at our sole discretion, may at any time terminate your use of the Service or individual services provided via the Service and remove and discard any content within the Service, if we believe that you have breached, violated or otherwise acted inconsistently with the terms and conditions contained in this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, we 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 we 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 for any reason, we will not refund any of your fees paid to date, except as provided in provision 2 of this Agreement.
CUSTOMERS IN THE EUROPEAN UNION ALSO HAVE THE STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 7 WORKING DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT ("WITHDRAWAL PERIOD"), PROVIDED, HOWEVER, THAT YOUR RIGHT TO WITHDRAWAL IMMEDIATELY TERMINATES IF YOUR FIRST USE OF THE SERVICE OCCURS BEFORE THE END OF THE WITHDRAWAL PERIOD. TO WITHDRAW FROM THE AGREEMENT WITHIN THE WITHDRAWAL PERIOD, SEND A TERMINATION NOTIFICATION VIA E-MAIL TO help@handbuzz.com OR VIA POSTAL MAIL TO [SERVICE NAME], [ADDRESS] OR TEXT "STOP" TO [SHORTCODE] . COMMUNICATION MUST CLEARLY STATE YOUR NAME, ADDRESS AND PHONE NUMBER, AND BE POSTMARKED WITHIN THE WITHDRAWAL PERIOD.
9. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to us shall be in writing and delivered to the following address:
Handbuzz
81 Oxford Street
London
W1D 2EU
We shall serve notices related to this Agreement by posting them on the Website or by sending them to the postal address or e-mail address you have given to us or as a text message to your mobile phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
(b) Changes to this Agreement. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. SUBJECT TO (c) BELOW, ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.
( c) We will ensure that any supplemental terms are made reasonably apparent to you and we will send an email to the email address provided by you at registration before we change or supplement these terms and conditions in any manner that is materially to your detriment.
(d) Other terms, entire agreement. This Agreement is in addition to any other of our or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ("Specific Terms"). In case of any discrepancy or conflict between this Agreement and such Specific Terms, the latter shall prevail. This Agreement, Specific Terms, our Privacy Policy and any other terms or documents referred to herein represent the entire agreement between us with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement provided that n othing in this Agreement affects your statutory rights as a consumer .
(e) Severability. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(f) Waiver. Our failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense.
(g) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(h) Survival. Those provisions the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement
(i) Links. The Website may include links to other internet sites. We make no representations or warranties about those sites or their content, nor that the links work.
(j) Availability of the Website and Service. We will endeavour to allow uninterrupted access to the Website and the Service, but access to the Website and/or the Service may be suspended, interrupted, restricted or terminated at any time. We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
(k) Governing Law and Jurisdiction. This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of England and Wales. A ny dispute connected with this Agreement is subject to the exclusive jurisdiction of the English courts.
Version dated 25th September 2009.