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IMPORTANT: By proceeding with the completion of your purchase of a single download you agree with the following terms and conditions and accept the terms of this agreement as set forth below.
PLEASE READ CAREFULLY.
This agreement (the agreement) is a contract between you and (CHRISTIAN MOBILE) and governs your use of the www.info@christianmobilebrazil.com web site (defined below), all downloads (defined below) and all your activity on the CHRISTIAN MOBILE web site (hereafter, collectively, the (service). This agreement constitutes a legally binding agreement between you and CHRISTIAN MOBILE.
Children
If you are under the age of 18, you may use our sites only with the involvement of a parent or guardian. We understand that parents may purchase products for use by minors and any information collected will appear to be that of the parent-subscriber and treated as such. In accordance with the Children's Online Privacy Protection Act and CHRISTIAN MOBILE's policy, CHRISTIAN MOBILE does not knowingly collect or share personal information from children under the age of 16. We believe that parents should supervise their children's on-line activities and use a parental control tool to prevent children from disclosing personal information without parental consent. If a child under the age of 16 has provided personal information without the consent of a parent or guardian, please contact us at the addresses below. After verification of the information, we will delete the information from our records.
By clicking yes on the acceptance button on the CHRISTIAN MOBILE's web site, you warrant and represent that (i) you have read and understood this agreement and agree to be bound by its terms and conditions; (ii) you are at least 18, or are under 18 but at least 16 and have parental permission; (iii) you are the owner of the device (as defined below) whose phone number you are entering, or if you do not own the device you have explicit permission from the owner of the device to use the device and to enter the phone number for such device. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this agreement, do not complete the Purchase Process or attempt to access the service. Your continued use of the service indicates your knowledge and acceptance of this agreement and any subsequent modifications, as may be posted here from time to time.
Description of service
The service is available at the CHRISTIAN MOBILE web site and includes everything on the CHRISTIAN MOBILE web site that may exist from time to time. Part of the service makes available to you downloadable mobile entertainment for delivery to your device, such as ringtones, wallpaper, games, applications and graphics (collectively, the downloads). You will be permitted to send mobile content to your compatible wireless telephones or other compatible devices owned and controlled by you (or for which you have explicit permission to do so from the owner) (the device). We make no representation as to compatibility of your device with the CHRISTIAN MOBILE web site and the service and you acknowledge and agree that CHRISTIAN MOBILE shall have no liability for the compatibility or non-compatibility of your device with the CHRISTIAN MOBILE web site and the service. You acknowledge and 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 otherwise attempt to (or otherwise authorize, encourage or support other attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the service, including but not limited to Download(s).
YOUR OBLIGATIONS
In order to use the service, you must have a post-paid mobile communications subscription with a participating carrier for your device or otherwise have access to a mobile communications network for which CHRISTIAN MOBILE makes the service available 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 hand set or other mobile access device that is in working order and suitable for use in connection with the service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with CHRISTIAN MOBILE's operations. Any equipment or software causing interference shall be immediately disconnected from the service and CHRISTIAN MOBILE.com shall have the right to immediately terminate this agreement. 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. CHRISTIAN MOBILE offers through the service a defined number of individual downloads. Access to the service can be provided by delivering to you downloadable mobile entertainment content of the content category you subscribed to (e.g., by delivering a ringtone) or by enabling you to download the product (by delivering a WAP-Push link) In order to use the service, you must provide to CHRISTIAN MOBILE your device phone number. CHRISTIAN MOBILE's affiliates (as defined below) will use your device data to determine certain carrier information including, without limitation, your Consumer Proprietary Network Information (CPNI). You consent to CHRISTIAN MOBILE and/or its affiliates' use of your CPNI. You agree to provide current, complete and accurate device data and you agree to update your device data as necessary to keep it current, complete and accurate. CHRISTIAN MOBILE.com will use your device data in accordance with its privacy policy (privacy policy), which you can review on the CHRISTIAN MOBILE web site You should review this Privacy policy before you attempt to use or access the service.You agree that we may rely on the device data to provide the service, including, without limitation, billing for the service through your carrier. You acknowledge and agree that CHRISTIAN MOBILE.com shall have no liability associated with or arising from your failure to maintain current device data, including, but not limited to, your failure to receive critical information. You agree to indemnify and hold harmless CHRISTIAN MOBILE, its partners, employees, officers, directors, parents, subsidiaries, agents, contractors, suppliers, affiliates and/or licensors (the affiliates) from any improper, unauthorized or illegal uses of the device data or the device by anyone.
Use of service
You may use the service only in accordance with the terms and conditions of this agreement and any amendments as well as any additional terms that may be presented from time to time in connection with any particular feature or function of the service. The service is for your non-commercial, non-exclusive, non-transferable, non-assignable limited personal use. You understand, acknowledge and agree that the service, including, without limitation, all CHRISTIAN MOBILE web site and service software, content, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protected elements of the service and the CHRISTIAN MOBILE web site, including, without limitation, the CHRISTIAN MOBILE web site, all trademarks, service marks and trade names (individually and/or collectively, the material) are the property of CHRISTIAN MOBILE and/or its affiliates. You understand, acknowledge and agree that the service, including, without limitation, the CHRISTIAN MOBILE web site and the downloads made available as part of the service, are owned by CHRISTIAN MOBILE, and/or its affiliates, and are legally protected, without limitation, under Canadian Federal and Provincial laws, as well as applicable foreign laws, regulations and treaties. Unless the context or service clearly requires otherwise or we explicitly say so in writing, the term (the service) includes the material as well. You must not alter, delete or conceal any copyright notices or other intellectual property notice contained on the service, including notices on any material you download, transmit, display, print or reproduce from the CHRISTIAN MOBILE web site and/or the service. CHRISTIAN MOBILE hereby grants to you a limited, non-exclusive, non-transferable, revocable right to download the downloads to your compatible device solely for your own non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You understand, acknowledge and agree that you shall not, nor will you allow any third party (whether or not for your benefit) to, download, reproduce, modify, create derivative works from, display, publish, perform, transfer, broadcast, distribute or otherwise use the service, including, without limitation, the CHRISTIAN MOBILE web site and/or the downloads except as expressly provided in this agreement. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the service including, without limitation, the CHRISTIAN MOBILE web site and/or the downloads. Any unauthorized or prohibited use of the service and/or the material may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial and local laws. CHRISTIAN MOBILE rights to make certain downloads available to you may expire. In such event, CHRISTIAN MOBILE does not grant to you the license necessary to play back any such downloads after the end of the period in which such rights expire. If CHRISTIAN MOBILE ceases making any such rights available, CHRISTIAN MOBILE.com will not refund any portion of your fees, but you may contact customer support at the address below to receive appropriate replacement downloads, at CHRISTIAN MOBILE's sole discretion.
Price and Billing
You authorize CHRISTIAN MOBILE.com to charge the appropriate fees directly to your carrier invoice for your device, as selected by you. If any of your billing information changes (e.g. device data or carrier), you can contact us at info@christianmobilebrazil.com. At the point of purchase (after you select specific content IDs to be sent to your device), you will be offered the option of either a completing your single purchase sale or cancelling the order. All fees are subject to change.
Refund policy
A refund will be issued if there is a technical issue that results in an inability of the user to receive their content. Such issues may be corrupt files, system errors, or other unforeseen difficulties that may arise. If you choose a phone or carrier we do not support, if you do not have text messaging and/or Internet enabled on your phone, or if you are not satisfied with the actual product that has been correctly delivered then WE WILL NOT REFUND YOUR MONEY.
Warranty and Liabilities
We warrant that:
Once downloaded, the ringtones or logos will operate until removed by you or a person to whom you have given access to the mobile telephone to which the ringtones or logos were delivered; we are entitled to license you to use the ringtones or logos for your personal use on your mobile telephone and that no third party will take action against you in respect of that use; because you have chosen the ringtones or logos and have had the opportunity to review them prior to purchase, we accept no liability if the ringtones or logos are in any way found to be of unsatisfactory quality or otherwise not suitable for your particular purpose; IN NO EVENT SHALL WE BE LIABLE TO YOU UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, AND INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF THE SERVICES, THE TECHNICAL SYSTEMS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
Our entire liability for any claim concerning its performance or non-performance in connection with this agreement or the conduct 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.
Links and Third Party web sites
CHRISTIAN MOBILE is not responsible for content or privacy policies of other sites. We recommend that you review the content and policies of all sites that you visit.
Updates
We may update or modify this Privacy policy from time to time in the future. Any such updates or modifications shall be effective immediately upon posting on our sites. Please refer back to this page often for the latest information.
Contact Us
If you have any questions or concerns about this policy, or if you feel that we are not following the stated policy, you may contact us at: info@christianmobilebrazil.com.
Problems Receiving ringtones
If you order a ringtone or other product and have problems, so that you are unable to download it, let us know immediately by emailing us info@christianmobilebrazil.com. If we don't hear from you within seven days, we will assume that you have received the ringtone and everything is fine.
THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE.
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