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Ringtone Terms and Conditions

January 1, 2007 5:48 AM

CONSUMER TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BY USING OUR SERVICE, YOU AGREE TO THESE TERMS OF SERVICE;
IF YOU DO NOT AGREE; DO NOT USE THE SERVICE.

zamano reserves the right, at its sole discretion, to change, modify, add or remove portions of these TERMS, at any time. It is your responsibility to check these TERMS periodically for changes.

1.Description of Services
zamano provides SMS and IVR interactivity, downloadable mobile entertainment, such as ringtones, games, graphics, news and other mobile services here on referred to as the "Service". Zamano may from time to time use third parties to provide telephony services, also included under the title 'Service'.

2. Contracts, Registration and Access
Contracts for our Service. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by zamano, but as an invitation for you to order. A contract for Subscription Services between you and zamano (via one of zamano's clients) shall be deemed concluded when zamano, upon your request, has received your conclusion request. Contracts for the products and services of zamano and independent third parties which are made available through the Service, shall be deemed concluded when zamano or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order.

3.Privacy
zamano is committed to your privacy. You acknowledge that zamano collects and processes Registration Data and information on your use of the Service including the personally identifiable information contained therein, if required to do so in order to comply with any valid legal process or governmental request. Personal information collected by zamano or one of zamano's clients may be stored but will not be used outside the terms of the Service.

4. Disclaimer of Warranties and Limitation of Liabilities
You understand that your use of the service and the download of content is at your own sole risk and that you must comply with the instructions given by zamano.

5.Indemnification
You agree to indemnify and hold zamano and its clients, employees, subsidiaries, affiliates, licensors and business partners harmless from any demands, loss, liability, claims or expenses (including attorney fees) made against zamano or zamano clients by any third party due to or arising out of or in connection with your use of the Service

6.Charges
The fees for a Subscription Service vary. You shall pay zamano for the Services and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be invoiced on your mobile operator's bill or drawn from pre paid credit. zamano may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.Fee Changes. All fees are subject to change upon notice from zamano. zamano will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from such notice to cancel your subscription and/or your account effective at the end of the calendar month.

7.Termination and Cancellation of Service
You agree that zamano, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services and remove and discard any content within such services, if you remain in breach of this agreement for more than 7 days from notice of such fact.

OTHER TERMS. ENTIRE AGREEMENT.
These TERMS are in addition to any zamano , zamano client or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TERMS and such Specific Terms, the latter shall prevail. These TERMS and any other terms or documents referred to herein represent your entire agreement with zamano with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the Parties.

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