Terms of use

These conditions apply to the sale of sounds, graphics or software (subsequently referred to as the Services) designed for mobile phones to the Customer, via a download platform.

The conditions of use and pricing schedule applicable to the Service are those of the telephone operator. Payment for the download is made via the Customer's telephone operator invoices.

The call cost depends on the national telephone operator's applicable pricing schedule for the country in which the call is made.

Services are sent to the mobile phone number provided by the Customer during their phone call. Services can be downloaded on mobile phone networks in all countries where this service is available.

To receive a ring tone or graphic the Customer need to fulfill all of the following conditions: A ring tone or graphics capable phone, a subscription to a carrier phone plan, and text messaging are required.

Ring tones or graphics may only be received in the Customer carrier network areas.

The ability to receive text messages does not necessarily indicate the ability to receive ring tones or graphics. Please make sure the phone that will be receiving the ring tone or graphic is a compatible phone prior to purchase. If the customer order a ring tone or graphic and the receiving phone is not compatible, the customer will still be charged but the receiving phone will not be able to play the ring tone or display the graphic. If the receiving phone is not turned on, the phone's memory is full or the phone is outside the network area, the customer's ordered items will not be delivered.

The customer must be of legal age to download. This age is relative to the country in which the download is being processed. MaMOB cannot be held responsible for downloads made by customers who do not follow this.

Download procedure
The Customer selects the required Service from the Web site. Once this selection has been made, a new window opens specifying the different possible payment methods along with the reference to be used to obtain the download. This reference will only be valid for thirty minutes after it has been assigned. After thirty minutes, the Customer will need to repeat the selection process.

Once the Customer has confirmed and used one of the payment methods proposed by maMOB/Mediaplazza, maMOB/Mediaplazza immediately directs the Service to the telephone operator's transmission platform. The latter then sends it to the Customer or recipient's mobile phone via SMS or via WAP depending on the type of Service selected by the Customer.

The time it takes to receive graphics, music or software depends on the telephone operator's time conditions for sending the SMS or WAP from its transmission platform to the Customer's mobile phone.

The Customer must respect his or her telephone operator's SMS or WAP reception conditions. The Customer must also ensure that the mobile phone on which the graphic and/or music is to be downloaded is compatible with the service in question.

Ring tones and graphics not delivered within 10 minutes of purchase will be automatically deleted; the customer will still be responsible for all charges. Each phone can only store a limited number of ring tones or graphics.

If the customer purchase a ring tone or graphic and the receiving phone's memory does not have any available storage slots, the customer will be charged for the download and one of the existing ring tones or graphics will need to be deleted in order to store the new item.

maMOB/Mediaplazza cannot be held responsible for bad reception or failed reception if the Customer has not respected these conditions.

maMOB/Mediaplazza grants the Customer, or the owner of the mobile phone to which these Services have been downloaded, a non-exclusive, non-transferrable license for personal use of downloaded Services. Copy or transfer of downloaded Services for group or commercial use is not authorised.

Mediaplazza is solely responsible for delivering the Service to the mobile phone operator's SMS or WAP transmission platform.

In compliance with the French law "loi informatique et liberté" of January 6th 1978, Customers have the right to access, modify or delete their personal data which has been obtained by maMOB/Mediaplazza during use of the service. The customer may exercise this right by sending a message to support1@mediaplazza.net. Personal data collected on the site is used by the Mediaplazza company, maMOB and its partners.

Personal Photo Service
The Customer bears the sole and exclusive responsibility for the use of this service. The Services sent by the Customer are intended for personal use. The Customer guarantees and certifies not to use this Service to send graphics of a nature which would infringe on current local provisions.

Refunds
If a Customer cannot receive the selected service, they may contact the Mediaplazza support service by telephone or e-mail (e-mail address support1@mediaplazza.net). If the Mediaplazza support service determines that it is impossible for the Customer to use the service, and if the customer can prove that he/she has respected all the pre-requisite to receive the service, Mediaplazza will proceed with the refund within one month of receiving the Customer's itemized phone bill figuring the call concerning the attempted download.

Warranty
Subject to applicable regulatory provisions, the Services and other elements available for downloading are provided "as is", and access to them depends on the availability of the Service without express or implied warranty on the part of Mediaplazza. The risk of its use is assumed by the Customer, under their full responsibility. Mediaplazza does not guarantee that Services proposed will fully meet the Customer's expectations. In no event shall Mediaplazza be held liable for any damage to the customerr computer or mobile phone, or loss of data. Advice or information, either written or verbal, obtained by the Customer cannot be construed as a warranty of any kind if it has not been explicitly provided for in these terms.

Under no circumstances shall maMOB or Mediaplazza be liable for any direct, indirect, incidental, third party or consequential damages resulting from the use or the impossibility of use of the Services.

All these provisions are subject to French law. In the event of a dispute, the Paris courts shall have sole jurisdiction.