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Terms of Service

 

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY. THEY ARE BINDING AGREEMENTS AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND DUTIES.

IF YOU UPLOAD OR DOWNLOAD ANY FILE AND/OR MAKE ANY KIND OF USE OF THE SITE AND/ORANY OF ITS SERVICES YOU ARE SPECIFICALLY AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE TOGETHER WITH OUR PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DON'T MAKE ANY SUCH KIND OF USE.

  • •    We may, at our sole discretion, modify these Terms or any part thereof from time to time. In such a case, we will post the amended Terms on this page and indicate of the date these Terms were last revised.
  • •    You agree to be bound to any amendments of these Terms when you use the Site after any such notice of modification is posted. Therefore it is important and you are kindly asked to review this page regularly to ensure you are updated as to any changes that may apply to you. If you do not agree to abide by these or any amended Terms, do not use or access (or continue to use or access) the Site. Any continued use shall constitute acceptance of these Terms as amended.

 

Definitions

 

•    "the Site" or "we" refers site operated at http://www.cellbeat.com and also any services supplied by or within it, its owner, its operator,  its managers, employees and any related representative, as it may be relevant.

•    "You" refers to any user or viewer of the Site, Site or Application.

•    "Terms" refers both to this document and our Privacy Policy.

 

 

Registration to the Site and services

 

•    The Site require registration and an active email account and other contact details.

 

Information supplied to the Site is always public and should not be breaching any right or law

 

•    Please choose carefully any content you post using the Site.

•    Anything you post using the Site is publicly viewable by anyone.

•    Do not post any content you do not wish to make public or any content which is breach of any third party's rights or not in accordance with these Terms or with any applicable law.

•    Any material which you upload to the Site or post within in any manner may be accessed by the Site, reproduced, copied, presented and made available to the public in any manner or place or media the Site might choose without any notification to you. For example, any ringtone you may create and save to the Site may be added by the Site to its public libraries, without any notification to you.

•    Please make use of the "Flag/ report" link at the bottom of ringtones and wallpapers pages in order to inform us of damaging, offensive, breaching or otherwise inappropriate content.

 

Use of the Site

 

•    You use the Site at your own risk. The Site ad any of the services are provided on an "as is" and "as available" basis only.

•    The Site is for the personal or legitimate use of anyone, but may not be used in connection with any commercial enterprises.

•    Users are solely responsible for any content that they upload, publish, post or display on or through the Site.

•    We may, but are not obligated to, review any content and may edit, delete or remove (without notice) any content in our sole discretion, for any reason or no reason.

•    Please note that we have no control over any such content and it do not systematically monitor it.

•    Naturally, the content on the Site does not reflect our views or policies.

•    We do not and cannot make any warranties, express or implied, as to the content or to the accuracy and reliability thereof. You are to verify the validity, accuracy, relevancy and any other attribute of any relevant content yourself, and we urge you NOT to use any such content unless you have done so.

•    The following is a non inclusive list of the kinds of content and conduct that are forbidden on the Site:

◦    offensive or may promote racism, hatred or harm of any kind against any group or individual;

◦    furthers or promotes any criminal conduct or misconduct or provides instructional information about illegal activities of any kind;

◦    harasses, stalks or advocates harassment or stalking of another person or group of individuals;

◦    using any information obtained from the Site in order to harass, abuse, or harm another person, breach any right or break any law;

◦    contains offensive or inappropriate nudity, violence, or any other offensive subject matter;

◦    contains libelous, abusive, obscene, discriminatory or otherwise objectionable information;

◦    provides telephone numbers, addresses, last names, URLs, email addresses or any other personal or private information of any other person;

◦    promotes false or misleading information or content;

◦    promotes an unauthorized use of intellectual property protected work (either registered or not registered, whether copyrighted, trademarked, patented or protected in any other way), posting any trade secrets or otherwise confidential information, assisting such behavior by providing pirated works or links to them, providing information to circumvent manufacture-installed copy-protect devices, etc.;

◦    uploading, posting, emailing, transmitting or otherwise making available any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation.

◦    any automated use of the Site, including but not limited to posting of any content;

◦    interfering with, disrupting, or creating an undue burden on the Site or the networks connected to it;

◦    displaying an commercial advertisement, either textual, graphical, audio-visual or in any other form;

◦    using the Site in a manner that is inconsistent with any and all applicable laws and regulations, interferes with or disrupts the Site or servers or networks connected to it or disobeying any requirements, procedures, policies or regulations of networks connected to the Site; or

◦    using or accessing the Site by any other manner or interface, different from the one supplied to you by the Site.

•    We reserve the right, but not the duty, to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing any offending content from the Site without notice.

•    We may, at our sole discretion and without notice, block any user or IP address from any activity with the Site.

•    We undertake no responsibility for monitoring the Site for whatever content or reason. If you believe you have been wronged by anything contained within or that some content is inaccurate, inappropriate or harmful in any manner please let us know by reporting any such content using the "Report Content" button or the "Contact Us" page.

•    Please note that we do take such notices seriously but we do not undertake to act upon any notice whatsoever, unless it is properly filed, includes all relevant information and allows us to act upon it.

•    We reserve the right to modify the Site and/or pricing of any of such Site at any time, with or without notice. Nevertheless, you ill not be billed for any use made of the Site unless you agree to such payment.

•    We will not be held responsible for any modifications to our Site offerings.

 

Proprietary Rights and Intellectual Property

 

•    We respect any and all rights of third parties, including intellectual property rights. We hereby prohibit any user from uploading, posting or otherwise transmitting on the Site any materials that violate another person's rights or law.

•    We claim no ownership or control over any content submitted, posted or displayed by you or any third party on the service. You retain all patent, trademark, copyright and any other right to any content you submit through the Site and you are responsible for protecting those rights.

•    You hereby take complete and sole responsibility for any content posted or uploaded to the Site by you, in any manner.

•    You undertake and warrant, by posting any content to the Site, that:

•    you own all rights in the content posted or hold the right to grant us License as set below and that granting such License does not breach any law or third party right.

•    such content and its publishing does not breach any third party's right.

•    you hereby grant us irrevocable, perpetual, non-exclusive, no-charge, royalty-free, worldwide, assignable, transferable license to reproduce, repurpose publicly display, publicly perform, publish, sublicense, broadcast, prepare derivative works, modify, edit, adapt, translate, use, store, distribute, create derivative works,  make available to the public or make any other use in any media (current or future) any portion or portions of such content, as it sees fit in any medium and another license to the users of the Site to act as is allowed by these Terms (the "License").

•    The Site also include certain content owned by the Site itself, such as copyrighted content, certain logos, page design, code, etc. (the "Site's Content"). The Site's Content is protected by copyright, trademark, trade name or other laws as applicable. We own and retain all rights in the Site's Content and do not allow any use of the Site's Content except by using our Site.

•    No one may post, modify, distribute, copy, frame, republish, display, post, publish, reproduce, sell or make any other use in any way or any media of any of the Site's Content, in whole or in part, without obtaining our prior written consent.

•    Provided that you are eligible for use of the Site, you are granted a limited personal, revocable license to access and use the Site solely for your personal, non-commercial use. Such license will be immediately and automatically revoked upon breach of these Terms or any relevant law or agreement.

•    Notification of breach of rights – take down notice: If you believe that your work has been misappropriated, copied and/or posted on the Site, in a way that constitutes copyright or other intellectual property infringement, please provide our Copyright Agent with the following information:

•    a description of the work that you claim has been infringed;

•    a description of where the material that you claim is infringing is located on the Site;

•    your contact details, including address, telephone number, and email address;

•    a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

•    another written 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.

•    an electronic or physical signature of yourself or of the person authorized to act on behalf of the owner of the copyright interest;

•    The Site's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Attention: Copyright Department Subject: Copyright Infringement. Send your complaint using our "Contact Us" page.

•    As a user posting materials to the Site, please note that we collect no data and information about you and we have no manner of contacting you should we decide to remove such content. It is your responsibility to monitor the materials you upload to the Site.

•    You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site or any material or work within.

 

Termination and changes

 

•    As we strive to continually better the Site and supply better services toy you, we may alter and change any service or any other element of the Site with no prior notice and you hereby acknowledge and agree to any such change.

•    We may terminate any service supplied by the Site, remove all posts  and/or uploads (in whole or separately) and/or prohibit any user or IP from using or accessing the Site for any reason, or no reason, at any time in our sole discretion, with or without notice.

•    We may also terminate all or any of our operations and/or Site itself, all or any part thereof, permanently or temporarily at our own discretion. We do not issue any warranty for continuance of any part of the Site and may terminate any or all of it at our own discretion, without notice and at any time.

•    Any such termination might cause the deletion of any and/or all content on the Site and we will not undertake to notify you of such occurrence in advance or preserve any back-up copy.

•    Any service supplied within the Site may become subject to payment (or to any other term or limitation) at any time and upon notice on the relevant service page. At any such time, you may make use of the relevant service only subject to the new requirement, and you acknowledge that you have no vested right in the manner the Site and services are supplied to you.

 

Disclaimers

 

•    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other content are the sole responsibility of the person from which such content originated.

•    You understand that by using the Site you may be exposed to content that is offensive, indecent, objectionable or inappropriate by any other means, and that you use the Site at your own risk.

•    The Site may include and we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.

•    Any Content on the Site may contain links to other websites. We are not responsible for any content published on such sites or opinions expressed on such sites, including but not limited to their accuracy or their being kept up to date by such sites. Such sites are in no way investigated, monitored or verified for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked site by us. When you access these third-party sites, you do so at your own risk. If any link to such site offends you, causes you any harm or you believe is illegal, please notify us by the "Report Content" link or by using the "Contact Us" page.

•    We assume no responsibility for third party advertisements which might be included in the Site, nor does we take any responsibility for the goods or services provided by its advertisers or to any warranty or undertaking detailed in such advertisement.

•    We cannot and are not responsible for the any conduct or misconduct, whether online or offline, of any of our users.

•    We may use a backup system for our own purposes, but users are requested to keep copies of any content posted or appearing on the Site. Deletion of such content or lack of back-up acceptable by you, and may not give rise to any responsibility by us.

•    We are not be responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, browsers, virus and malicious codes or traffic congestion on the Internet or on any of the Site or combination thereof.

•    Under no circumstances we shall be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any content posted on or through the Site, or from the conduct of any user, whether online or offline.

•    We do not provide any support of any kind. Should you encounter any malfunction of the service, we will appreciate if you will let us know, but we are under no obligation to supply any support or solve any such malfunction.

 

Limitation of Liability

 

•    IN NO EVENT WILL THE SITE, ITS DIRECTORS, EMPLOYEES ITS AGENTS OR ANYONE ON THEIR BEHALF BE LIABLE TO YOU, ANY OTHER USER OR THIRD PARTY FOR ANY LIABILITY OF ANY KIND OR BASED ON ANY THEORY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, APPLICATIONS, SERVICES OR CONTENT, ACCESSED THROUGH, UPLOADED OR DOWNLOADED TO OR FROM THE SITE, EVEN IF WE ARE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

•    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR EXCLUSION OF LIABILITY TO CERTAIN KINDS OF DAMAGES. THEREFORE, THE ABOVE LIMITATION OF LIABILITY SHALL APPLY ONLY AND AS FAR AS IT IS LAWFUL IN YOUR JURISDICTION. LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US ANY FOR ANY SERVICE, BUT IN NO CASE WILL OUR LIABILITY EXCEED 1,000 USD.

•    YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICE, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OF ACTION.

 

Indemnity

 

•    You shall indemnify and hold the Site, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners, contractors and employees, harmless from any loss, liability, claim, demand, costs, damages or expenses, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the Site, Application or the Site or any of the content or Site's Content, in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site causes us to be liable to another.

 

Disputes Resolution

 

•    By using the Site, Application or the Site in any manner, you agree that in any dispute about or involving the Site or any of the relevant services shall be exclusively governed by the laws of the United States of America, without regard to conflict of law provisions and governed by these Terms. In such a case, you agree to an exclusive personal jurisdiction and venue solely in the competent courts in the district of California.

•    Either the Site or you may demand that any dispute must be settled by arbitration utilizing the dispute resolution procedures , provided that the foregoing shall not prevent the Site from seeking injunctive relief in a court of competent jurisdiction.

•    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, these Terms or any other claim related to the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred and considered limited.

 

Miscellaneous

 

•    These Terms constitute the entire agreement between us and any user of the Site regarding any kind of use of the Site.

•    Failure of the Site to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

•    The section titles in these Terms are for convenience only and have no legal or contractual effect.

•    The Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

•    The site may transfer, sell or allow access to any of its database and/or business with no need to supply any notice or prior notice whatsoever, at our sole discretion.

 

Please direct any further questions about our Terms of Site to our Contact Us page.