YOU MUST READ THE FOLLOWING TERMS OF USE ("Agreement"). YOUR CONTINUED USE OF THE SERVICE INDICATES YOU HAVE READ AND ACCEPTED THESE TERMS IN THEIR ENTIRETY. 2.3 Price and Delivery 2.3.1 The price of any Content purchased through the Service will be the price specified in the Service at the time of your purchase. By purchasing the Content or Service you warrant that you are the authorized purchaser and that the billing information provided is accurate. ZED USA will not issue refunds based upon inaccuracies represented by the purchaser. By approving the purchase of the product, you authorize ZED USA to charge you for the purchase. 2.3.2 Member Subscription: This Service may require you to open an account. You must complete the registration process by providing ZED USA with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ZED USA immediately of any unauthorized use of your account or any other breach of security ZED USA will not be 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. However, you could be held liable for losses incurred by ZED USA or another party due to someone else using your account or password. The Service subscription is not transferable, such that you may not authorize other persons to sue your account. 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. 2.3.3 Pre-Paid Cards: The Terms of Use for the Pre-Paid cards are explained in the "Pre-Paid Card Terms and Conditions". However, these Terms also apply to the Use of the Pre-Paid cards. 2.3.4 Delivery: Delivery of Product(s) purchased pursuant to these Terms will be made directly to your cellular phone. The details of the delivery process will be provided to you at the time of purchase. Delivery is conditional. In order for proper delivery, your cellular phone must be turned on; capable of receiving the Product(s); set to receive text messages (Please note that not all mobile phones allow the storage of new ringtones). Ordered Product(s) can only be delivered when the cellular phone is on a compatible network, a full list of which is available on the order form. Provided that the cellular phone and cellular phone provider's network will accept the Product(s), delivery of the Product will occur within 24 hours of completion of the order. Typically, delivery of the Product(s) occurs within a matter of seconds. We will attempt to deliver the ordered Products a total of three times to the same cellular phone. If the Product(s) has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Product(s) has been received. If the Product(s) cannot be delivered, ZED USA will refund the payment, provided that the Product's non-delivery to the cellular phone is not the result of the Purchaser's error. If the Purchaser's error caused the non-delivery, payment will not be refunded. 2.3.5 ZED USA reserves its right to collect applicable taxes and impose premium surcharges for certain features of the Service. 2.3.6 You may be provided the opportunity to register to receive updates from certain applications within the Services These updates may be in the form of text messages. This means you must be subscribed to Text Messaging to obtain these notices and you will be charged for all Text Messages in accordance with your subscription plan. 2.4 Restrictions 2.4.1 You may not use the Service to upload, post, transmit, display, perform or otherwise make available to other subscribers, members or third-parties any messages, content or materials that are illegal, obscene, threatening, defamatory or invasive of privacy; violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; infringe intellectual property or other third-party rights; harm minors in any way; comprise or contain software viruses or other computer code designed to interfere with the functionality of any computer systems, software or hardware; interfere with or disrupt the Service or any networks or servers connected to or by the Service; constitute unsolicited bulk email, political campaigning, commercial solicitation, chain letters, pyramid schemes, mass mailings, or any form of spam; or violate (intentionally or unintentionally) any applicable local, state, national or international law. In addition, you may not use a false email address, impersonate any person or entity (including but not limited to other subscribers, members and employees of ZED USA, its affiliates or licensors), or otherwise mislead other subscribers, members or third parties as to your identity or to the origin of a message or content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. |