CSW Group Ltd. 71769 (CSW) encourages users to read all the Terms of Service (Terms) and Privacy Policy before completion of service registration and the Terms constitute an entire legal agreement (Agreement) between users and CSW Group Ltd. respect to the Service hereof. CSW Group Ltd. 71769 hereinafter referred as "CSW".

In this Agreement, "You", "Your", "User" refers to the party utilizing CSW's services. "We", "Us", "Our" refers to CSW Group Ltd. 71769.

1. Access:

You represent that you are of legal age to agree to the Terms of Service and Privacy Policy, or you are at least 18 years of age and have your parent's permission to access and use CSW Service and to complete the registration process. Neither CSW nor the Services are intended to be used by, and are not directed to, children who are under 18 years of age. CSW will treat all visitors and registered users the same and shall not be responsible for ensuring that parental consent has been obtained. You have consent of the subscription service and agree on behalf of the subscriber and yourself to be bound by the Terms of Service of this Agreement.

2. CSW Services

CSW provides downloadable mobile entertainment content services (Service) including tones, games, graphics, news with deployment of SMS, MMS, WAP, or via the Internet and other means of mobile content delivery systems. As a user, you shall acknowledge and agree that the download(s) and the Service are for your personal use. You may not or attempt to download or copy CSW's content in any medium of transmittance or websites and activities of disclosure, distribution and transmittance, including, but not limited to, any download (s) of content.

• a) Registration

  Any services and downloading activities are provided only if you have successfully completed the registration. First of all, you must have a mobile communication carrier or otherwise have access to a mobile communication network to make it necessary to download content and pay the service fee associated with relevant services. On top of it, you must provide any device or software to get connected to the Service, including but not limited to a cell phone and other devices available to access the Service. CSW will not be responsible for any damage and loss for your cell phone or devices and any upgrades and the additional software required shall be at your own expense. You shall ensure your mobile device or software do not interfere CSW's operation. CSW reserves the right to disconnect and terminate the Service if a device is found to be causing interference. Unless explicitly stated, any new release of products and services shall be subject to the Terms of this Agreement.
  CSW may still provide you access to certain Services without your registration, in which case CSW, in its sole discretion, shall determine what means of identification shall be appropriate for your use of those Services.




• b) Subscription Plans

  You on behalf of the subscriber are consent to the Subscription Plans. CSW may modify the Service form time to time, for any reason, without notice. We reserve the right to terminate this Service with or without prior notice.
  
  CSW introduces the Service offering a bundle of credits for a defined number of individual content download(s) compatible cell phone models including Alcatel, Asus, BenQ, Blackberry, Huawei, Hyundai, INNO, Kyocera, LG, Motorola, Mitsubishi, NEC, NOKIA, O2, Panasonic, Pantech, Phillips, Sagem, Samsung, Sanyo, Sendo, Sharp, Siemens & Sony Ericsson, Toshiba, VK Mobile. It depends on the Plan which may set on renewable subscription basis. The details of the Subscription Plan such as the number of download(s) available and the renewal of a plan are incorporated into this Agreement by this reference and form part of the terms of this Agreement. You shall read carefully the current Subscription Plans CSW has offered including, but not limited to number of downloads available and the renewal period of a particular plan before signing up a subscription.
  
  After you have signed up a subscription plan, input your cell phone number and password(PIN) and you may view the details of your plan under "My Profile". The Subscription Plan begins upon your request and will provide you with access to the Services. The valid access maybe based on user name and password(PIN) generated for a particular purpose or on other data that CSW deems sufficient to make your access identifiable. The Service enables delivering downloadable mobile content of a content category (e.g. delivering a ringtone or news by SMS) you subscribed to or enabling you to download the product by delivering a WAP Push link or a password(PIN) for download(s) of the content. The Subscription Plan and subscription period will be renewed subscription period and a new subscription fee shall become due for the stated subscription period. The Subscription Plan shall remain valid in effect until expressively terminated and/ or cancelled by you or CSW.
  
  The Subscription Plans include a certain defined number of credits that entitle you to download, receive and/or access that defined number of individual downloads of mobile entertainment content for a flat fee of a particular subscription period. After entering into your Subscription Plan, we will transfer download credit(s) to your account regularly on a particular subscription period basis. The type and number of credit(s) you are entitled to obtain depend on the type of Subscription Plan you have chosen. The provision of credit(s) and the making available of the possibility to download, receive and/or access mobile entertainment content is offered for a flat fee. The flat fee of a particular subscription period shall become due in the subscription period irrespective of whether or not you actually download any content during any particular subscription period; the consideration for the weekly flat fee shall solely be the weekly provision of the right to download, receive and/or access downloadable mobile entertainment content, in other words the making available of the respective download, WAP and SMS credits in a particular subscription period. The number of credit(s) for downloads shall be reduced by actual number of downloaded mobile entertainment content, in other words the downloading a mobile entertainment content is evaluated as redemption of one or more credits and thereby reduces the total number of downloadable mobile entertainment content you are entitled to download, receive and/or access during that particular subscription period. Depending on the type of your subscription, if you do not use/redeem all your credits within the subscription period (e.g. one month), the unused credits will not be rolled over into the next subscription period and will expire at the end of the respective subscription period per category. If you download mobile entertainment content in excess of the amount allowed by your selected plan, then you will be prompted to purchase an additional plan and be responsible for the additional applicable fee for the subscription period.




• c) Registration Data

  If you register for a Service on CSW, you shall

  1. Provide true, accurate and complete personal information. (Registration Data) and
  2. Maintain and update the Registration Data to keep it true, accurate, current and complete. You shall update your Registration Data as set forth in the Privacy Policy. By completing your registration, and based on the Registration Data you provide, CSW will establish a membership account for you (the "Account").

  If CSW believes that your Registration Data is untrue, inaccurate or incomplete, CSW reserves the right to suspend or terminate any Service then being provided to you, as well as your Account, and refuse to provide you with any future use of the Service (or any portion thereof). You acknowledge and agree that CSW may rely on the Registration Data to send you important information and notices regarding your uses, Account and the Services, as further set forth in the Privacy Policy. CSW shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your Account. CSW shall not be responsible for verifying your Registration Data.




• d) User Name and password(PIN)

  If you register for Services on http://www.ringtonetimes.com, CSW will set up an Account for you. You may be required to obtain a user name and password(PIN). Getting the user name and the password(PIN), you can view and manage your Account at "My Profile" after you have signed in. You acknowledge and agree that CSW may process all Account transactions, including, but not limited to, registration for additional Services that are initiated through the use of your user name and password(PIN).
  
  You are solely responsible for maintaining the confidentiality of your user name and password(PIN).
  
  The user name and password(PIN) created upon registration play a critical role in your personal information security. CSW will not be held responsible for any unauthorized access of illegal or unauthorized use of information or your information is accessed through unauthorized or improper use of your Account or membership privileges due to your failure to secure your password(PIN). You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities incurred by you as a result of the use of your user name and password(PIN), and that in no event shall CSW be liable for any unauthorized use or misuse of your user name and/or password(PIN). If you have any suspect in disclosure of your user name and password(PIN) to authorized party, we suggest you changing your password(PIN) or consult CSW about this.
  
  CSW may need to change user names allocated to certain of its Services and reserves the right to make such changes. You will be notified of such change by CSW, if necessary to continue Service.




• e) Download(s)

  All the information and any downloads made available to you as a part of the Service are entirely owned by CSW, its affiliates and licensors and are guarded by intellectual property laws. By completing the registration and the signing up of a Subscription Plan, CSW grants you a limited, non-exclusive, non-transferable, revocable license to download and use the related Service on a designated compatible cell phone or device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Downloads or the related Service except as expressly provided for in this Agreement.




• f) License to Download(s)

  You acknowledge and agree that the Download(s) made available as part of the Service are owned by CSW, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. CSW hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile entertainment content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your cell phone or device.




• g) Interruptions or Discontinuation of Service

  CSW reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by CSW we will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 9 of this Agreement.




• h) Third Party Products and Services

  We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that CSW shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.

3. Privacy

You acknowledge that CSW may collect and process your personal information including, but not limited to information that could be used to contact you, such as full name, postal address, cell phone number and e-mail address. We may collect demographic and usage information including, but not limited to information that you submit for voting polls, surveys, contests and that is neither personal information nor financial information but necessary for the proper functioning and billing of our Service such as the date regarding the start and end and the extent of your usage of the Service. You are consent to transfer your personally identifiable information to CSW to contact you electronically in delivering notices related to your use of the Service and the website. For more details, please read Privacy Policy.

4. Intellectual Property Rights

Except, otherwise indicated or set forth herein, all rights, titles and interests in and to any intellectual property and proprietary rights or other rights regarding intangible property which are developed, used, comprising embodied in, or practiced in connection with any of the Service and owned by Funmobile 8383 Limited or its licensors. You agree to make no claim of interest in or ownership of any such Funmobile 8383 Limited's intellectual property rights. You acknowledge that no title to the intellectual property rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressively granted in this Agreement.

5. Service Fees

Following Terms of Service Section 2 (b), the amount of weekly fees for the Subscription Plans or a particular Plan in a particular subscription period are identified and available. You agree to pay your telecommunication carrier or device operator the fee that corresponds to the Subscription Plan that you have selected with the fees in effect at the time of your order. The charges shall be invoiced on the bill from your telecommunication carrier unless otherwise indicated. All fees are subject to change upon notice from CSW and CSW will provide you with notice of such change(s). If you do not accept the new fees, you have fourteen (14) days from the date of such notice to cancel your Subscription Plan and/ or Account which will be made effective at the end of the subscription period. All fees are due immediately and are non-refundable, unless otherwise indicated.

6. Limitations on Liability

IN NO EVENT SHALL CSW Group Ltd 71769 BE RESPONSIBLE FOR, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF:

1. YOUR BREACH OR VIOLATION OF THE TERMS OF SERVICE OF THIS AGREEMENT;
2. YOUR ACCESS AND USE OF CSW SERVICE;
3. YOUR INABILITY TO ACCESS OR USE CSW SERVICES FOR ANY REASON;
4. YOUR ACTIVITIES OF DOWNLOADING ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR
5. YOUR RELIANCE UPON OR USE OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR THE COLLECTIVE WORK, EVEN IF CSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CSW Group Ltd'S 71769 LIABILITY IS LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO company.ful 71769 FOR USE OF THE SERVICE. THE LIMITATION WILL APPLY TO ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO WARRANTY, CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

7. Disclaimer on Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT CSW Group Ltd 71769 SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CSW MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT CSW'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, CSW, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF CSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE STATES DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE STATES.

8. Indemnification

You shall defend, indemnify and hold harmless CSW and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to:

1. Any breach or violation of this Agreement by you;
2. Your failure to provide accurate, complete and current personally identifiable information requested or required by CSW;
3. Your access or use of CSW Service;
4. Your access or use of CSW Service under any user name and password(PIN) that may be issued to you; and
5. Your use of any Service stated in the Subscription Plan.

9. Termination and Cancellations of Services

If you wish to cancel your Subscription Plan, you may go to "My Profile" after you have inputted your cell phone number and password(PIN) to deactivate your request at "My Campaign". For help send "HELP" to 71769. To cancel Wallpaper Club, please send "STOP WD" to 71769. To cancel Themes Club, please send "STOP TH" to 71769. To cancel Polytones Club, please send "STOP VC" to 71769. To cancel Daily Jokes, please send "STOP JK" to 71769. To cancel Daily Horoscopes, please send "STOP HC" to 71769. To cancel Truetones Club, please send "STOP DC" to 71769. To cancel Value Club Combo, please send "STOP DH" to 71769. To cancel Joke Value Club, please send "STOP JV" to 71769. To cancel Horoscopes Club, please send "STOP HV" to 71769. To terminate or cancel the Service, send an e-mail to or contact our customer services representatives at 1877 225 1198. The termination shall become effective at the end of the billing period upon your notification of termination.

You agree that CSW, at its sole discretion, may terminate your use of the Service at any time and Subscription Plan(s) or individual services provided via the Service and/or change its content offering made available through the Service, if we believe that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, CSW may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CSW shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or Subscription Plan for any reason, CSW will not refund any fees you paid to date, except as expressively provided in this Agreement.

10. Agreement Amendments

CSW Group Ltd 71769 reserves the right to update, amend and/or change this Agreement any time in its sole discretion and without notice. You are encouraged to read this Agreement from time to time in order to review any changes that have been made. The effective date of this Agreement is 21 November 2005. We appreciate your continued access and use of the Service of CSW following the posting of any such changes shall automatically be deemed your acceptance of all changes.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

No waiver of any portion of this Agreement shall be effective unless it is in writing and signed by an authorized representative of CSW. The failure of CSW to require performance of any obligation hereunder shall not affect the CSW's right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by CSW from time to time, shall survive your acceptance of this Agreement, the termination of your use of CSW Service, and the termination of your use of the Service.

CSW shall serve notices related to this contract by posting them on the website or by sending them to the postal address or electronic mail address provided by you or as a text message to your cell phone number associated with your account. Notices sent by mail shall be deemed received seven days after they are being sent. Notices posted on the website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

In the event this Agreement terminates as provided herein, Sections 2(b), 2(e), 2(f), 2(g), 2(h), 3, 4, 5, 6, 7, 8, 9 of this Agreement shall survive such expiration or termination.