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Terms and Conditions
THIS AGREEMENT WAS LAST UPDATED ON DECEMBER 11, 2007.
When you sign up for any service or use any service offered on www.Lavalifemobile.com by Lavalife Corp. (“Lavalife”) or you use this site (“Service(s)”), you agree to all the terms and conditions of this Agreement. If you do not agree to these terms of use, please do not use the Services.
Through your use of the Services, you represent that you are of legal age to be bound by these Terms of Use or you have your parent’s permission to use the Services. You may not use this site if you are under the age of 13.
Lavalife reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time, for any reason, and without notice. If you do not agree to be bound (or cannot comply with) the terms as amended, your only remedy is to cancel your Lavalife account and to discontinue your use of the Service. You will be deemed to have accepted this Agreement as amended thirty (30) days after the amended agreement is posted and/or if you continue to use the Service after such amendment.
SERVICES
The Service provided by Lavalife is access to a daily text alert sent to your phone via SMS text message. At no extra charge you are also entitled to:
1. Unlimited downloading for all the polyphonic ringtones and wallpaper in the Lavalife library; and
2. Three credits which may be exchanged for three real tone ringtones in the Lavalife library.
The Service together with 1 and 2 above is defined as the “Content”.
LIMITATION OF SERVICES
You are responsible to determine if your mobile phone and carrier are compatible with the Content. Click for a complete list of current carriers. Your phone must be capable of receiving text messages, polyphonic ringtones and/or color graphics. In addition, your cell phone account needs to be Internet-enabled to download ringtones or color graphics. LAVALIFE WILL NOT GIVE REFUNDS IF YOU DOWNLOAD OR ATTEMPT TO DOWNLOAD POLYPHONIC RINGTONES, MP3 RINGTONES OR COLOR GRAPHICS TO INCOMPATIBLE PHONES OR CARRIERS OR IF YOUR CELL PHONE ACCOUNT IS NOT INTERNET ENABLED. Lavalife does not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that you must evaluate, and bear all risks associated with, the download of any Content, including the completeness or usefulness of such Content.
Depending on your carrier, you may be entitled to purchase multiple subscriptions, thereby entitling you to access to Content multiple times.
PAYMENT
You are responsible for paying the monthly and/or weekly fees, including taxes, where applicable, for the Services (“Fees”) according to the then-current Billing Terms posted on the site for your carrier. Payment for the Service is made through your mobile phone account and you hereby authorize Lavalife to transact such payments on your behalf. You will not dispute any authorized charge by Lavalife. Dollar amounts are in the currency of which your mobile phone account is billed.
The Services will automatically renew each month/week upon expiration, unless you cancel them. SERVICE FEES ARE NON-REFUNDABLE. Fees are subject to change at any time without notice. You are liable for any Fees incurred by you up to and until termination of the Service including any additional costs charged by your carrier. Standard usage charges for SMS, MMS and other charges, including third party charges and/or taxes may apply (please check with your carrier). All charges will be billed on your wireless service bill and/or deducted from your prepaid balance.
You can stop or cancel this service at any time by sending a text message with STOP, QUIT, CANCEL, or END to number 21277.
NON-TRANSFERABLE
Services may not be assigned or transferred to any other mobile phone number, person or entity. Nor may you provide any other person or entity access to your Service, either directly or indirectly. This includes, but is not limited to, sending your username and/or password to other parties and making your user name and/or password available where others may access them. You must keep your password strictly confidential. Allowing others to gain unauthorized access to this site is a material breach of this Agreement.
LICENSE
For as long as you abide by these Terms of Use, Lavalife grants you a personal limited, non-exclusive, non-transferable, revocable license for any of the content you may download pursuant to the Services. Content may be downloaded only once and may not be transferred, sold, distributed, displayed, performed, copied, modified or used in any way, in whole or in part, other than as contemplated by these Terms of Use. Any contravention of this section is a material breach of our agreement and would cause harm to Lavalife.
TERMINATION
Lavalife may discontinue this web site and or the Services at any time, without notice to you. Lavalife may also add or remove Content as it sees fit or necessary without notice to you. Upon termination of our agreement at any time or for any reason you will continue to be bound by the Warranty, Limitation of Liability and any applicable intellectual property obligations.
PRIVACY
By using the Services you have also agreed to our Privacy Policy. We reserve the right to send you emails and/or SMS messages informing you of changes or additions to the Service, or of any Lavalife related products and services. We reserve the right to disclose information about your usage of the Services and demographics in forms that do not reveal your personal identity. And by your use of the Services, you consent to such disclosures and communications subject to the terms of our Privacy Policy .
REFER – A – FRIEND PROGRAM
Lavalife has a refer-a-friend program (“Program”) that can get you free and full access to our library of polyphonic ringtones and wallpaper. Please note that your participation in the Program may require you to submit personal information about you and your friends, such as name and email address. Your participation in the Program means that you agree to receive communications from us and/or those that operate and maintain our Program.
Here are the rules of the Program:
- You may only refer each friend once (multiple emails for one individual counts as one referral).
- You may not refer yourself or any other email accounts that are registered to you.
- You may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
- You may earn free access to our library based on your ability to make referrals that result in new Lavalife subscribers.
- Existing Lavalife subscribers do not count as referrals for purposes of the program.
- In order for a referral to count, they must sign-up using the unique referral link forwarded to them.
- Please don’t Spam to obtain referrals. If you use Spam you will be disqualified. Spam includes unsolicited email to persons unknown to you or through Usenet or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
- You may not post information on a website, forum, or auction that has to do with "cancelling the offers" - including, but not limited to, cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel the offers after signing up with Lavalifemobile.com.
- You may not barter, sell or trade for referrals.
At any time, we may modify or amend these rules and any aspects associated with the Program. We reserve the right to disqualify you at any time from participation in the Program if you do not comply with any of these rules. All information collected from you is subject to our privacy policy which can be found at http://www.lavalifemobile.com/privacy.aspx.
WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. LAVALIFE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. LAVALIFE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. FURTHERMORE, LAVALIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LAVALIFE OR AN AUTHORIZED REPRESENTATIVE OF LAVALIFE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. LAVALIFE DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE IN THE FUTURE. THIS DISCLAIMER OF WARRANTY INCLUDES BUT IS NOT LIMITED TO ANY INFORMATION VIEWED ON THE WEBSITE, LINKED TO OR FROM THE WEBSITE, OR TRANSMITTED FROM THE WEBSITE TO MOBILE PHONES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LAVALIFE OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ETC.) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF LAVALIFE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
APPLICABLE LAW
This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.
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All you want, no credit card required! Over 500,000 cell phone
ringtones, wallpapers & text alerts, all at your finger tips!
By entering your PIN Code, which is sent to the cell phone number you
supply, you agree to and have read the Terms of Use
and these Billing Terms;
Boost users pay only $1.99/week, AT&T, Alltel, Cellular One, Sprint,
Nextel, Verizon Wireless users pay $9.99/monthfor one text alert. AT&T,
Alltel, Cellular One, and Sprint also get unlimited ringtones and
wallpapers. Depending on your carrier, you may be entitled to purchase
additional daily text alerts.
Users under 16 years of age require parents' permission. Other carrier
charges may apply. Charges will appear on your cell phone bill or be
deducted from your prepaid account. To cancel text message 'STOP' to
21277. Need help? Text 'HELP' to 21277, email support@lavalifemobile.com, dial
1-866-384-5581 or visit
www.lavalifemobile.com/help .
Get the most popular cell phone ringtones on all the hottest phones,
including Motorola, Samsung, LG, Sanyo, Nokia, Audiovox & Kyocera. What
are you waiting for? Get your top ringtones now! Our polyphonic
ringtones are not the actual recording of the artists.
Universal Music Group Authorized Products are sold or made available for
download as per the following: (i) the Authorized Products are the
protected, copyrighted materials of third parties, (ii) Authorized
Products may only be used for individual, personal use and (iii)
Authorized Products may not be copied, transferred or distributed
without the prior written consent of the Authorized Products rights
owners. Universal Music Group midi-tones (poly tones) are not the
original Master Recordings Recording (i.e. This ringtone is not an
actual recording by the referenced artist).
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