TERMS OF USE

blab2 ("SERVICE PROVIDER") provides mobile entertainment content, such as ringtones, graphics, games, news and other information (the "Service") as individual downloads. The terms and conditions ("Terms of Use") relating to this Service are detailed below. If you have any questions regarding any aspect of our service please contact us by email using servicedesk@blab2.com

BEFORE YOU USE OUR SERVICE, YOU MUST READ THESE TERMS OF USE CAREFULLY. BY USING OUR SERVICE, YOU AGREE TO THESE TERMS OF USE; ONLY USE THE SERVICE IF YOU AGREE WITH THE TERMS OF USE.

1. Services Provided
SERVICE PROVIDER provides mobile entertainment content, such as ringtones, graphics, games, news and other information downloadable via Internet and SMS (Short Message Service) to certain mobile devices. The Service may also include access to products and services of independent third parties. After proper registration (if applicable) and payment, you will be permitted to download certain Products through the Service to mobile phones and other compatible devices. Use of the free SMS service is additionally subject to the specific terms specified for that service.

Real Tone ringtones are not original recordings but are professional sound alikes.

2. Access to the Service

(a) Access to the Service. Before using the Service you must verify that you are the subscriber or have consent of the subscriber of a participating mobile communications carrier to use the Service and agree on behalf of the subscriber and yourself to be bound by the terms of use. You agree that with respect to such Service each person who requests such Service is your agent with full authority to act on your behalf .Where prohibited, the contract is void. To use this Service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which SERVICE PROVIDER makes the Service available, and pay any service fees associated with any such access. Also you must provide all equipment and software necessary to connect the Service including a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. If your equipment and/or software interferes with the company's operation, you are responsible for it. SERVICE PROVIDER has the right to immediately terminate this agreement and any equipment or software causing interference shall be immediately disconnected from the Service. In case any upgrade in or to the Service requires changes in your equipment or software, these changes must be at your own expense. Any new or additional features that enhance the current Service including the release of new products and services shall be subject to the terms and conditions of this Agreement unless explicitly stated otherwise.

(b) Contracts for our Service: SERVICE PROVIDER is offering its Service as individual downloads. Unless otherwise indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by SERVICE PROVIDER, but as an invitation for you to order. Access to the Service can be provided by enabling you to download the product (e.g. by delivering a WAP-Push link or a PIN for download of the downloadable mobile entertainment content on SERVICE PROVIDER website) or by providing access to the mobile entertainment content. Contracts for the products and services of SERVICE PROVIDER and independent third parties which are made available through the Service shall begin when SERVICE PROVIDER or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order.

(c) Responsibility for the Use of the Service. You are solely responsible for the activities that take place under your account and password. 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. In case you become aware of or suspect unauthorized use of your password or account or Subscription or any other breach of security, you agree to notify SERVICE PROVIDER immediately and ensure that you log out of your account at the end of each session. SERVICE PROVIDER 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.

(d) Registration. SERVICE PROVIDER may register you as a user and provide you with access to the Service by allocating you a personal username and password, on your request. SERVICE PROVIDER reserves the right to change the usernames allocated to certain aspects of its Service (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of any password. You agree to: (a) provide correct, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete ,in exchange for your use of the Service (in addition to the payment of applicable fees). SERVICE PROVIDER has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), if SERVICE PROVIDER has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete.

(e) Unregistered Use: SERVICE PROVIDER may provide you with access to some or all of its Services without you registering as a user. In that case your identification is based on other means of identification that SERVICE PROVIDER deems 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 SERVICE PROVIDER and used in accordance with Section 3.

(f) Assignment: The contract or any of your contractual rights may not be assigned or transferred by you in any other way. SERVICE PROVIDER shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these TERMS OF USE. Payments shall be valid only when made to the new service provider after a notice concerning the transfer of receivables.

(g) Proprietary Rights: You acknowledge and agree that the Download(s) made available as part of the Service contain proprietary and confidential information that are owned by SERVICE PROVIDER or its licensors, as applicable, and are protected by applicable intellectual property laws. SERVICE PROVIDER hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) 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, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

(h) Service Interruptions. In case of repair or maintenance work, SERVICE PROVIDER may suspend the Service. In such event, SERVICE PROVIDER shall make reasonable efforts to keep the said interruption as brief as is reasonably possible with as little inconvenience to you as is reasonably possible SERVICE PROVIDER reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves.

(i) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, SERVICE PROVIDER shall indicate the products and services as third party content. Even though they may be co-branded with SERVICE PROVIDER and therefore include SERVICE PROVIDER'S trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. SERVICE PROVIDER SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.

3. Personal Information. Our use of your personal information is governed by our Privacy Policy, which appears elsewhere on the Site but forms a part of the Terms of Use. A copy of our Privacy Policy may be accessed from the home page on the Site.

4. Limitation of Liability.

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 INSTRUCTIONS GIVEN BY SERVICE PROVIDER.

Except in jurisdictions where such provisions are restricted, You agree that SERVICE PROVIDER'S entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the Service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. To the fullest extent permitted by law in no event shall SERVICE PROVIDER, its licensors and contractors (including any third parties providing all or part of the Service) be liable for


You agree that we will not be liable for any action you take in reliance on the Content.

5. Disclaimer of Warranties All Software and Content is provided "as is" and "as available" for your use. The Software and Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SERVICE PROVIDER and its licensors do not warrant that


You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods and services unless specifically indicated otherwise in the Terms. Note that nothing in this paragraph affects our obligation under the Supply of Goods and Services Act 1982 (as amended) to provide Services with reasonable care and skill.

6. Indemnification

You agree to indemnify and hold SERVICE PROVIDER, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's 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.

7. 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 any of the Service ("Company Intellectual Property Rights") are owned by SERVICE PROVIDER or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement and no title to the Company Intellectual Property Rights is transferred to you.

8. Charges

(a) Fees. You shall pay SERVICE PROVIDER for the Services and the use thereof in accordance with the price lists 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. The charges can also be paid with your credit card, or bank transfer where applicable. The different payment methods are specified during the order process for the product you chose. SERVICE PROVIDER may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.

9. General

(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to SERVICE PROVIDER shall be in writing and delivered to the following address:

blab2
Conbar House
Mead Lane
Hertford
Hertfordshire
SG13 7AP
Tel. 01992 505337

Notices related to this contract shall be served by the SERVICE PROVIDER by posting them on the SERVICE PROVIDER web site or by sending them to the postal address or e-mail address you have given to SERVICE PROVIDER 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 SERVICE PROVIDER Web site 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 of TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT AT ANY TIME THIS AGREEMENT IS SUBJECT TO CHANGE BY SERVICE PROVIDER WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. AFTER SUCH POSTING, ANY USE OF THE SERVICE SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.

(c) Other terms, entire agreement. These TERMS OF USE are in addition to any SERVICE PROVIDER 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 between the TERMS OF USE and such Specific Terms, the latter shall prevail. These TERMS OF USE and any other terms or documents referred to herein represent your entire agreement with SERVICE PROVIDER 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.

(d) Waiver: SERVICE PROVIDER's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement will have no effect on the interpretation or legal enforceability of the terms herin, they are used for convenience only.

(e) 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.

(f) Governing Law and Severability: This Agreement shall be governed by English law and the English courts shall decide any dispute in relation to it. This does not, however, affect any rights your local law may give you as a consumer to bring a case locally or using your local law if those rights cannot legally be excluded by blab2.

If any of the TERMS OF USE is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Limitation of Liability and the Disclaimer of Warranties clauses 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 TERMS OF USE shall continue in effect.