THE CHARGE FOR OUR SERVICE MAY BE BILLED TO YOUR CREDIT CARD, PAYPAL ACCOUNT OR CARRIER BILL, BASED ON THE MUSIC BOX APPLICATION.
WHEN YOU USE OUR WIRELESS SERVICES YOU MAY ALSO BE CHARGED BY YOUR WIRELESS CARRIER AND YOUR AGREEMENT WITH THEM DETAILS THE CHARGES THAT APPLY. WE ARE NEVER RESPONSIBLE FOR YOUR WIRELESS CARRIER CHARGES, EVEN IF THEY ARISE BECAUSE YOU USE OUR SERVICE.
THE BILL FROM YOUR WIRELESS CARRIER WILL IDENTIFY OUR CHARGES SEPARATELY. IF YOU HAVE QUESTIONS ABOUT CHARGES ON THE BILL, OTHER THAN QUESTIONS RELATING TO OUR SERVICE, YOU SHOULD CONTACT YOUR WIRELESS CARRIER DIRECTLY.
Our service is certified to work with AT&T, Alltel, Cellular South, nTelos, MetroPCS, Verizion, and US Cellular.
“Content” refers to all content, ring tones, wallpaper, music, audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, service and trademarks, service marks, logos, brands and brand names, trade dress and trade names and other distinctive identification and all other proprietary information, materials and elements of our Service, whether or not copyrightable or legally protectable, tangible and intangible, including the selection, sequence, look and feel and arrangement of any components or aspects of our Service.
“MusicBox”, “we”, “our” or “us” means and refers to MusicBox.
“Service” refers to any and all Content made available to you by MusicBox, on a non-subscription, pay-as-you go or so called “a la carté” basis.
“Content” refers to ringtones and wallpaper.
“User” means anyone who uses or attempts to use any part of our Service.
“Website” means and refers to http://www.sonymusicbox.com, as well as all web locations and Internet addresses (e.g., URLs, domain names, pages) we own, control or use to provide the Service.
“wireless device” means and refers to mobile or cell phones, wireless or other devices, even if they do other things besides send and receive voice, text, data, content or other types of communication and “wireless carrier” refers to the service provider with whom you or your parent or other adult have an agreement to provide you with wireless services.
AGE & RESIDENCY. You must live in The United States and be at least 13 years old to use our Service and you must be an adult where you live use our Service. If you are a minor in the state or territory in which you reside (generally under age 18 or 19) you can only use our Service if you get consent from your parent or legal guardian (“parent”). If you are under 13 you may not use our Service at all.
USING OUR SERVICE. To use our Services you must have an active contract with a wireless carrier – one which participates in making the Services you want available – check with us if you are not sure. You must also have a wireless device that is compatible and correctly configured for the Services you want. Dada Entertainment reserves the right to offer ringtones and/or wallpapers at a lower price from time to time. Billing takes place through your wireless carrier, Credit Card or Paypal. If billed through your wireless carrier you hereby agree to pay your wireless carrier (or authorize your wireless carrier to deduct from your pre-paid wireless carrier account) payment for Services, at the rates and charges shown at the time of your purchase. All payments for Services are non-refundable and do not include taxes.
Please note if you change your wireless carrier, your wireless service plan, wireless device or transfer your wireless number to another carrier, it may affect your ability to use some or all of our Services, even if you keep your wireless number and even if the plans, features and wireless service seems to be the same or similar to what you had.
Tell us right away if there is an error on your bill, because if you don’t tell us within 30 days from the date an error appears on your bill, you agree we are no longer responsible or liable for investigating or correcting it. If we incur attorneys’ fees and costs to collect past due amounts from you, you will be responsible for paying these. We can cancel, suspend or deactivate your registration and use of our Service, without notice and without waiving or prejudicing any of our other rights, if you don’t make payment when it becomes due.
CONTENT. Content is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and may be protected under The laws of the United States and other national laws, regulations and treaties. All rights not specifically granted to you are expressly reserved and unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution or both. We make no representations about the accuracy, reliability, usefulness or completeness of Content and your use of our Service is solely at your own risk.
We have no obligation to restore Content you may have obtained through our Service if it is damaged or lost. If we ever do offer a feature that does allow you to re-download certain Content, we reserve the right to discontinue it at any time and its performance and availability is on an “as is” and “as available” basis. If we permit you to transfer Content to a portable device, you may not copy, distribute, transmit or transfer it from that device to any other device or media without our permission. You are also not allowed to share downloads of Content, enable or allow sharing of such downloads, with anyone else.
WIRELESS SERVICES, MESSAGES AND PROMOTIONS. To use any of our wireless Services, you must have an active contract with a licensed wireless carrier or access to a wireless network through which we make our Service available. You are responsible for making sure your wireless service and wireless device are capable and correctly configured for our Service. We may deliver some promotions, alerts and messages to your wireless device via SMS text messaging when you enter information into our Service you will be signing up and consenting to receive messages.
ADVERTISERS; LINKS TO OTHER SITES. When we display advertisements, marketing and promotional materials, URLs, hypertext links on our Service we aren’t endorsing them, nor do we have any obligation, responsibility or liability resulting from them. We do not have any responsibility for others, even if we have a marketing, advertising or other arrangement with them.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. OUR SERVICE IS AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE IT WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR OR ASSIGNEE, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, PROMOTIONAL PARTNERS, WIRELESS CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS (“MUSICBOX ENTITIES”), SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AS A RESULT OF OR ARISING FROM OUR SERVICE OR YOUR USE OF IT, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH OUR SERVICE OR YOUR AGREEMENT WITH US, DISCONTINUANCE OF USE OF OUR SERVICE IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
INDEMNIFICATION. You agree to defend us and the MusicBox Entities against any and all demands, claims and actions resulting from a breach or violation of your agreement with us, actual or alleged violation of any law or regulation, infringement, misappropriation or violation of the rights of any other party (“Claims”). You agree to indemnify and hold us harmless from and against all losses, damages, costs (including reasonable attorneys' fees) and expenses associated with all Claims. We reserve the right to assume the exclusive defense and control of any Claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so.
IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE YOUR AGREEMENT WITH US, YOU WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY.
MISCELLANEOUS. Your agreement with us does not apply to services, transactions, activities or transactions and relationships you have with anyone else, nor does it cover your rights or responsibilities regarding third party content or links that direct your browser to third parties, even if they appear on or are linked with our Website. We simply aren’t responsible for them. If any term or condition of your agreement with us is considered illegal, invalid or unenforceable, this will not affect the rest of your agreement with us and even if we delay or fail to take action to enforce our rights, it doesn’t mean we are waiving any rights we have. If you have any claim or cause of action against us, regardless of the reason or type of claim, you may not file or start it more than 1 (one) year after the date it first arose.
For reference our:
© Copyright 2006 - 2011 DADA Entertainment LLC. All Rights Reserved
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
DO NOT USE THIS PROCEDURE FOR ANYTHING UNRELATED TO COPYRIGHT INFRINGEMENT
Written notification of copyright infringement must be submitted to our Designated
Service Provider(s): DADA Entertainment, LLC.
Full Address of Designated Agent to Which Notification Should Be Sent:
P.O Box 436
New York, NY
Email of Designated Agent: firstname.lastname@example.org
Your notification must include the following: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has (or have) been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.