These general conditions, apply on the service of downloaded contents of MULTIMEDIA (service), which makes it available to the clients.
By subscribing, the user expresses full and unreserved acceptance of each and every one of the Terms and Conditions applicable to the service.
BINBIT reserves the right to unilaterally modify at any time and without prior notice, the presentation and service configuration, and the required terms and conditions for accessing or using the Service.
The enrollment and / or use of the BINBIT Services (“Service” or “Services” as the context requires), attributes status user (the “User”) and expresses its full and unreserved acceptance by the User of each and every the General Conditions in the version published by BINBIT on the Site WAP. The age of majority is required for access to the services. Consequently, the user must carefully read the General Conditions, and that the use of the Services BINBIT implies tacit acceptance of these terms and conditions, on the understanding that BINBIT is not responsible for the use of the Service but is full responsibility User.
The service makes available to the User downloadable mobile entertainment, such as ringtones, wallpapers, games, animations, true tones etc. (“Downloads” or “Downloadable content”). Once registered and after making proper payment, you will be permitted to download, to compatible wireless devices and other compatible devices, certain Downloads through the Service.
In Addition, company reserves the right to modify these terms, in whole or in part, at any time considered necessary. Changes to these terms will be effective when applied on the Site WAP. Your use of the service, subscription to our subscription plans and/or keeping of your existing subscription plan, shall manifest your acceptance of the changes to these terms and conditions, and shall constitute your agreement to be bound thereby.
1. – 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 BINBIT makes the Service available. Additionally, 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 are responsible for ensuring at any way that your equipment and/or software do not disturb or interfere with BINBIT operations. Any equipment or software causing interference shall be immediately disconnected from the Service, and Company shall have the right to immediately terminate this Agreement. If any upgrade or similar situations as maintenance 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 enhance the current Service, including the release of new products and Services (new contents), shall be subject to the terms and conditions of this Agreement.
I.THE SERVICE AGE REQUIREMENTS.
The age of majority is required to access the services. If you are an underage person, you cannot register, even with the consent of your parents or guardian; that is if the applicable laws (see “Underage Protection”) prohibit you from entering into a valid and enforceable agreement with us because of your age, you are hereby banned from accessing and using the Service.
BINBIT is a community granting its member the benefits of its membership. It allows you to download contents from a private catalogue rights reserved to BINBIT, where you/the user or subscriber can find images, animations, news, horoscopes, ring tones, true tones, games and other contents.
BINBIT provides downloadable mobile entertainment content, such as ringtones, games, animations, images, news and other information data via the Internet, SMS or via WAP, and other means of mobile content delivery to certain compatible mobile devices. You acknowledge and agree that the Service is for your personal use on the mobile device designated during the download or process registration. 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). Failure with this may incur in several criminal and economic liabilities in consideration for the damage caused to BINBIT.
Please note that BINBIT’s Service is not compatible with all mobile devices. Please check for details concerning content availability for certain mobile devices.
II.TERMINATION AND CANCELLATION OF SERVICES
By completing the registration process, you authorize BINBIT to charge the appropriate fees to your cell phone invoice. By selecting the daily fee subscription plan, you authorize the continued billing every day until you cancel the subscription. If your billing information changes (e.g., new cell phone number), you must update that information at BINBIT, by email at: firstname.lastname@example.org. If you move to a new carrier, you must opt-out by sending the keyword, send a text message to the relevant number, and re-subscribe at any time with your new carrier. If you cancel your account or subscription plan for any reason, company will not refund any of your fees paid to such date.
III.YOUR REGISTRATION AND ACCOUNT
IV.YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS
You are fully responsible for all activities that occur under your password or account (PIN) or through your subscription plan. 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 web, WAP or SMS. You agree to immediately notify our company in case you become aware of or suspect unauthorized use of your password, username or subscription Service or any other breach of security, and ensure that you exit from your account at the end of each session. BINBIT cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms and Conditions here in set forth. You acknowledge that all responsibilities correspond to you under your personal use of your account and/or the Service.
V.COMPANY PROPRIETARY RIGHTS
All contents, including but not limited to text, software, music, sound, images, graphics, video, presented and/or licensed to you via the Service, are protected by intellectual property or other proprietary rights and laws by virtue of a license owned by company. You are not permitted to use this material and information, only as expressly authorized by company, and may not copy, reproduce, transmit, distribute, or create derivative works of such Content or information without express written authorization from Company. The use of the Service from the subscriber is for the sole purpose of entertainment only.
VI.PROMOTIONS AND THIRD PARTY LINKS
BINBIT and its business partners, may present advertisements and promotional materials on or through the Service. Your participation in any BINBIT promotional event, is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers through or on the service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither BINBIT nor its affiliates, agents or business partners shall be responsible or liable, directly or indirectly for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service. Note that the subscriber should direct any concerns directly to the sites administrators of those third party links.
VII.PRIVACY AND SECURITY
In addition, this information may include specifically contact information (such as name, email, cell phone number and address) and certain billing information, like a new cell phone number or change of carrier, just in case.
You agree that you will not allow others to sign in to the Service despite your user name and password; you are solely responsible for any obligations you incur. Therefore you agree to release, indemnify, defend and hold harmless BINBIT, its partners, parent companies, subsidiaries, and affiliates, directors, shareholders, contractors, agents, employees, licensors and assigns from and against all liabilities, claims, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with (a) your use of the Wap and its Service; (b) your breach or alleged breach of this Agreement; (c) your breach or alleged breach of the copyrights, trademarks, proprietary or other rights of third parties, and (d) the breach by you of your representations and warranties set forth herein. Please notify company for any rare circumstances you might find while using the Service, by email at: email@example.com.
IX.DISCLAIMER OF WARRANTIES
You understand and agree that your use of the service, including, but not limited to any download(s) or use of content, is solely at your own risk, and that you will be fully 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 BINBIT shall have no liability to you, or to any third party, for any modification, suspension, discontinuance, cancelation 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. Company makes no warranties that the service will meet your requirements or satisfaction, 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. Note to the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
Regarding content, you understand that the content is the sole responsibility of the person from whom such content is originated, unless explicitly stated to the contrary, BINBIT does not control the content posted by a third party or another subscriber or made available using the service and does not warrant the accuracy, availability, integrity, or quality of such content. BINBIT will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, otherwise transmitted via or made available using the service. Intellectual property, including content and trademarks, may be owned by a third party and in such instances all such intellectual property is the property of its respective owner.
X.LIMITATION OF LIABILITY
In no event shall BINBIT be liable to you under this agreement for indirect, special, incidental, punitive, or consequential damages, including loss of information or material of any kind, lost profits, loss of business or other economic damages, and injury to private and/or public property in connection with, arising out of, or as a result of the services made available on the BINBIT’s Wap the technical systems, or breach of any warranty or other term of this agreement. Such limitations shall apply regardless of whether the party liable for allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. BINBIT’s entire liability for any claim or concern with regard its performance or non performance in connection with this Agreement or the behalf of the parties in furtherance hereof under any legal theory, whether contract, tort, product liability, breach of implied duty or otherwise shall be limited to the amount charged for the Ringtones or Logos or other products.
All trademarks, trade names, domain names, slogans, logos, and other material of origin that appear on or in connection with the Service are the property of BINBIT and/or its partners, parents, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display or use any of these marks without prior written permission of BINBIT. Unless a third party claims their rights for any mark, trade name or slogan owned by that third party, BINBIT will take the respective action to keep the situation in order.