Nokia Magic Terms and Conditions
Terms & Conditions of Service for Nokia Magic (“The
Business”)
You, “The User” agree to provide true and accurate information
in all of your dealings and communications with The Business. “The registered
User” further agrees that they will not use the Service for any illegal
purpose, or for the transmission of information that is libelous, unlawful,
harassing, abusive, threatening, abusive of another's privacy, harmful, vulgar,
defamatory, obscene, pornographic, or in anyway that may infringe the laws governing,
but not exhaustively covering, copyright, intellectual property rights, trademarks,
pornography, or any other material that is slanderous, defamatory or might cause
offence in anyway.
ACCEPTANCE OF TERMS OF SERVICE
The User hereby takes note and accepts that The Business may at any time change,
vary or modify these “Terms & Conditions” without any prior
notice.
DESCRIPTION OF SERVICE
The Business will, on receipt of payment provide The User with graphics, ringtones or other services
for use on compatible mobile phones.
CONDITIONS OF USE
The User agrees the following specific conditions of use apply:
MODIFICATIONS TO SERVICE
The Business reserves the right to amend, modify, change, or discontinue temporarily
or permanently any service at it's sole discretion without any notice to The
User. The User also agrees that The Business shall not be liable to The User,
or any third party, for any modification, or discontinuation of any service
in what so any form.
THE USER’S RESPONSIBILITIES
The User accepts the following; to obtain, and maintain suitable equipment to
utilise the Service. To obtain all necessary permissions to use the Service,
to receive, download, display, distribute or execute other programs or perform
other works. To comply with applicable laws, regulations, or conventions including
those related to data privacy, telecommunications, and use of technical or personal
data.
INDEMNITY
The User agrees to indemnify and hold The Business and it's Partners, affiliates,
officers and employees free from any claim or demand, including any made by
a third party, arising out of the use of the Service. The User agrees not to
hold The Business and it's Partners, affiliates, officers and employees responsible
for any direct or indirect damage resulting from the use of the Service, in
particular, but not limited to; the use of, or the impossibility of using the
Service, confidence in information obtained through the Service, errors and
omissions, defects, viruses, delay in transmission, interruption of service
or loss of data. Further, The Business disclaims, any responsibility for the
performance of it's messaging, or telephone services and the User takes notice
of this and agrees.
MAINTENANCE
The Service may be stopped or suspended for maintenance. No indemnity can arise
from such events.
PROPRIETARY RIGHTS
The User acknowledges that the content, including but not limited to text, software,
graphics, images, music, sound, logos, video, or any other material contained
in The Business’s sites and services, or those of any advertiser, or sponsor,
are protected by copyrights, trademarks, patents, service marks and other proprietary
rights in law. The User may not copy, distribute, reproduce, or transmit such
works, information or content without express authorisation.
DISCLAIMER OF WARRANTIES
The User expressly agrees the use of the Service is at their sole risk. The
Business expressly disclaims all warranties of any kind, whether express or
implied, including but not limited to, the implied warranties of merchantability,
fitness for purpose and non-infringement.
The Business makes no warranty that the services will meet The User's requirements,
or that the services will be uninterrupted, timely, secure, or error free; does
not make any warranty as to the results that may be obtained through the service
or that defects in the software or systems may be corrected.
The User understands and agrees that any material and/or data uploaded or otherwise
obtained through the use of this Service is done at The User's sole discretion
and risk and that The User will be solely responsible for any damage to their
computer system or loss of data that results from the download of such data
or material.
No advice or information, whether oral or written which was obtained from The
Business or through the Service shall create any warranty not expressly made
herein.
LIMITATION OF LIABILITY
The Business shall not be liable for any indirect, incidental, special or consequential
damages or for interrupted communications, lost data, or loss of profits arising
out of, or in connection, with these “Terms & Conditions”.
NOTICE
Any notice to The User or to the Service shall me made by e-mail, SMS or posting
on the website.
GENERAL
These “Terms & Conditions” will be governed and construed in
English law. If any of the provision of these “Terms & Conditions”
is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. The Business failure to act with respect
to a breach by Users does not waive it's right to act with respect to subsequent
or similar breaches.
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