This is NOT a subscription service
The service is
provided by MaxBox Digital Retail Ltd (“MaxBox”, "we" or
"us") and relates to the delivery of mobile content
procured by MaxBox Digital Retail Ltd for personal use on
your mobile phone.
Mobile phone content can be downloaded to your mobile phone
from participating MaxBox kiosks.
You will be presented with a range of downloadable content
including realtones, polyphonic ringtones, wallpaper and
java games.
Digital Rights Management on Music Content
Where a realtone
available from the MaxBox refers to a track and artist, it
is taken from the actual recording by the original artist
and is officially licensed from the record company that
owns the rights to that recording.
Only the mobile phone for which the content is ordered and
downloaded to is licensed to use the digital music content.
You are not permitted to copy, alter or forward the music
content to any other device, person or persons. To protect
the rights of the copyright owners we employ Digital Rights
Management (DRM) which is an integral component of the
download process. By ordering any music related item from
us, you acknowledge that you accept and acknowledge this.
Your statutory rights are not affected. Please call the
MaxBox customer care line on 0800 024 1155 if you have any
questions or problems.
Use of the MaxBox Kiosk
The MaxBox kiosk may only be used in accordance with the
instructions provided and for the purposes specified. Any
other use is strictly prohibited. You agree that you will
not use the MaxBox kiosk to infringe the rights of any
third party and you will fully comply with all relevant
laws and regulations.
In particular (but the following list is not exhaustive)
you agree that you will not use the MaxBox kiosk for:
•
any
material that contains any contaminating or destructive
codes such as viruses, worms, 'Trojan horses' or any other
similar features;
• any material the
rights in which are owned by third parties without the
express written permission of the relevant third parties;
• any hacking,
gaining or attempting to gain unauthorised access to any
servers controlled by us or any third party, or for
decompiling, reverse engineering or disassembling any
software used in connection with this service.
We shall decide,
at our discretion, whether your use of the MaxBox kiosk
constitutes any breach of the above restrictions or any of
the other Terms and Conditions.
Acceptance and delivery of orders
We will try to
make sure that the content you have ordered reaches you,
but sometimes this may be affected by factors we cannot
control, for example, interruptions to our services due to
faults in networks or third party suppliers and we will not
be liable for any delay caused by them.
In addition we
will not be liable to you in any way for failures, defects
or delays in the delivery of the content which are caused
by one or more of the following reasons:
• You have
provided an incorrect phone number or other incorrect
information.
•
Your
mobile device does not support the content in relation to
Java Game content where you have had the opportunity to
check handset compatibility in the game narrative on the
MaxBox prior to purchase.
•
Your
message mail box is full and has no additional memory to
receive the content.
• Your mobile
phone is out of range or for some other reason cannot be
contacted.
• You accidentally
erase content provided to you.
• You supply any
material or instructions which is incomplete, incorrect,
inaccurate, illegible or in the wrong form.
We can assure
you that:
• Provided you
have properly downloaded it, you have the right to use the
content.
In relation to
Java Games you agree that you have had opportunity to
check, prior to ordering, the content’s suitability. We
accept no liability for content which is not fit for the
purpose for which it was ordered or if it is not suitable
for your purpose.
Phone
compatibility acts as a guide only and is based on the
phone manufacturers' claims alongside our own tests. Whilst
we use our best endeavours to ensure that these details are
accurate, different versions of a phones and firmware for
the same model may influence its compatibility. If you
experience difficulties with any of our products please
contact the MaxBox customer helpline on 0800 024 1155.
Your mobile must be WAP enabled and have the correct WAP
settings installed.
Price
information
All prices displayed onscreen are correct at the time when
they are posted on the system. Prices displayed onscreen
will prevail at all times in relation to orders placed
through the system.
You must have
permission from the bill payer/mobile owner in order to use
this service.
Some products
require downloading over WAP / GPRS, and your service
provider may charge for this. Please contact your Network
Operator to check charges and setup WAP / GPRS on your
phone.
Quality
You acknowledge that the quality of any content may differ
slightly to that displayed on the MaxBox screen, website or
in the description on a WAP site.
The sound quality of a polyphonic ringtone or realtone may
differ on lower quality handsets.
Limitation of Liability
Whilst we shall use reasonable endeavours to ensure that
the service is available and operational for the majority
of the time we do not warrant that the service will be
available at all times and error-free or that all errors
will be corrected.
Any material or software downloaded or otherwise obtained
through the use of the services available from the system
is used at your own risk and you will be solely responsible
for any damage to your mobile phone or loss of data that
results from the download of any such material.
We have taken every care in the preparation of the content
of this system. To the extent permitted by applicable law,
we disclaim all express and implied warranties including
without limitation as to the accuracy of the information
contained in all materials and we shall not be liable to
any person for any loss or damage which may arise from its
use.
We may modify or discontinue, temporarily or permanently,
any part of the services, with or without notice to you,
and you confirm that we shall not be liable to you or to
any third party for any modification to, or discontinuance
of, any part of the services.
Any liability we may have to you shall in any event be
limited to the redelivering of the content or at our
discretion a refund of any charges paid.
These Terms and Conditions do not and shall not affect your
statutory rights as a consumer. For further information
about your statutory rights contact your local Trading
Standards Department or Citizens Advice Bureau.
Intellectual property
The MaxBox mobile content download software and services
may not be used for any purpose which may infringe the
rights of any third party including without limitation any
copyright owned by third parties. All intellectual property
rights including brand, product and service names, titles
and copyrights used are the trademarks, trade names,
service marks, copyrights or other intellectual property of
their respective holders and may not be used without the
owners' consent. MaxBox Digital Retail Ltd reserves all
rights not expressly granted including without limitation
any intellectual property rights it may have in or relating
to the MaxBox mobile content download software.
Indemnity
You agree to reimburse MaxBox Digital Retail Ltd and their
associated companies, officers, agents, licensees, business
associates and other partners and employees the full amount
of any claim, demand, cost and expense - including legal
fees - due to or arising out of your use of the MaxBox
mobile content download service, except to the extent that
the relevant claim, demand, cost or expense arises as a
result of our failure to comply with these Terms and
Conditions.
Data Protection
The selected Retailer, Content Provider, Content Developer
and MaxBox Digital Retail Ltd will hold and process your
personal data and whatever other information you choose to
supply in order to provide the services to you. If Felix
Corporation acquires or develops other businesses, products
or services the data may be used by those other businesses
or for those other products and services in a similar way.
The personal details you provide are stored on our secure
server, not in a cookie. By providing your personal data
you are consenting to its use for all these purposes.
General
These Terms and Conditions shall be governed by and
construed in accordance with the laws of England and
subject to the jurisdiction of the courts of England and
shall benefit MaxBox Digital Retail Ltd, its successors and
assigns.
Queries
Any queries or comments about the MaxBox mobile content
download service should be directed to MaxBox Digital
Retail Ltd via e-mail to info@themaxbox.com or call
customer services line on 0800 024 1155.
Copyright © 2008 MaxBox Digital Retail Ltd. All rights
reserved.
Dated 14-January-2008