1.0 General Information|
Funtonia.com (the "Site" or "Service") is a mobile phone enhancement service provided by Mobile Services Limited ("Mobile Services"). Use of this Service depends on your acceptance of these terms, conditions, and notices in their entirety and indicates your agreement to them. Mobile Services reserves the right to modify this agreement at any time. Any modifications will be effective as soon as they are posted on the Service. It is your responsibility to review these terms and conditions occasionally for modifications.
2.1 Credit card details will be handled securely to ensure confidentiality. Mobile Services transfers the amount you indicate but never passes along your full credit card information. Such credit card information is kept strictly confidential, just between you and Mobile Services.
2.2 SSL encryption is employed to ensure sensitive data is protected.
2.3. Personal information collected from you during registration may be used by us for the purpose of marketing, research and to keep you informed of products and/or services that may be of interest to you.
3.1 You retain responsibility and risk for using this Service. Mobile Services does not offer any warranties, representations or endorsements with regard to the Service, its merchants, information, or the products offered on this Site.
3.2 You may not use the Site or Service for any unlawful purpose or any reason prohibited by these terms and conditions. Mobile Services reserves the right to disclose any information Mobile Services deems necessary to satisfy laws, regulation, legal process or governmental requests, or to change any information published on the Site, in whole or in part, at its sole discretion.
3.3 The Site/Service is 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 Site.
3.5 Mobile Services permits you, the purchaser, a revocable personal, non-transferable license to use the purchased ringtone or graphic logo in accordance with these Terms, and for no other purpose. You undertake to maintain all copyright and other proprietary notices. Any reproduction or redistribution of the Product(s) provided on this Site is prohibited by law, and may result in severe civil and criminal penalties.
3.6 Mobile Services reserves the right to terminate your access to the Site/Service at any time, without notice.
4.0 Price, Delivery, Refund Policy
4.1 A customer paying by credit card warrants that he/she is the cardholder or has the permission of the cardholder and that the billing information provided is accurate. Mobile Services does not issue refunds claimed as a result of inaccuracies represented by the purchaser. By approving the purchase of the product, you authorize Mobile Services to charge the Card for the purchase.
4.2 To purchase a membership, you must complete the registration process by providing all the information requested. You are responsible for all activities that occur in your account and agree to notify Mobile Services immediately of any unauthorized use of your account or other breach of security. Mobile Services is not 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. You may be held liable for losses incurred by Mobile Services or another party caused by someone else using your account or password. Membership is not transferable, and your account may not be used by anyone other than the account holder. 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.
4.3 Delivery of Products are made directly to your cellular phone. In order to receive your Products, your mobile phone must be turned on; capable of receiving the Product; and set to receive text messages; either should be equipped with USB cable or Bluetooth for direct downloading from the PC. We will send a confirmation to the customer by email no later than one day after receiving the order. If the Product cannot be delivered, Mobile Services will refund the payment, provided that the Product's non-delivery to the cellular phone is not the result of the Purchaser's error in which case, payment will not be refunded. In case of refund we return payment minus 20% to cover infrastructure expenses. Refund is processed only if the customer has not downloaded any tones or pictures. Mobile Services and its partner cellular companies retain records of all customer downloads.
4.4 In order to protect customers' cellphones from SPAM, Mobile Services restricts individual members to 20 downloads per day.
4.5 Wallpapers delivered to cell phones come without watermark.
4.6 Respond time for customer queries via email. All enquiries will be responded to within 48 hours.
5.1 Mobile Services 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 Funtonia.com site. All such information, products, services and related graphics are provided "as is" without warranty of any kind. You agree that Mobile Services 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 agree that Mobile Services 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.
6.0 Service Messaging
You acknowledge and you agree that Funtonia may use the personal information you provide such as your e-mail address or your cellphone number to send promotional content directly connected to the service we offer. In addition, you agree and acknowledge that service messages might also be sent with a sole purpose of improving the quality of service that a user obtains, or promote certain updates crucial to the implementation of our service. However, if you do not approve of this paragraph, you can unsubscribe from this particular division of our service.
You agree to indemnify and hold Mobile Services, 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 Funtonia.com Site. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mobile Services with respect to the Funtonia.com Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mobile Services with respect to the Funtonia.com Site.
8.0 Legal Information
Mobile Services has license agreement to control the performance rights to many of the truetones listed on this web site. Furthermore, Mobile Services identifies, contacts, executes licenses and pays royalties to all music publishing companies whose musical compositions are listed in its ringtone inventory. If you represent a music company and your products are not represented here, please contact us.