Membership Agreement between Members of the Fonetastic.com's Website and related
Services (“Fonetastic”) and Vermillion Skies Ltd (“VS”)
You
have the opportunity to take independent legal advice on the terms of
this agreement before deciding to become a member of Fonetastic. Your
use of Fonetastic and/or your acceptance of these terms, conditions,
and notices without modifying them constitute agreement by you to all
of these terms, conditions, and notices. Only those who enter into this
agreement are authorised to use Fonetastic’s Members services.
The
information provided on Fonetastic has been provided in English, which
is the home language of Fonetastic. If you would like to see a copy
of Fonetastic material including this agreement in another language
prior to proceeding please contact us immediately stating clearly the
language you would prefer. In proceeding you warrant that you believe
this agreement to be reasonable in its entirety.
Fonetastic
is operated by Vermillion Skies Ltd, a limited company registered
in England and Wales under company number 05039469 whose registered
office is 25 Floral Street, Covent Garden, London. WC2E 9DS. We can be reached via e-mail at support@support.fonetastic.com
or you can reach us by telephone at 020 3002 0682.
Any
third party site that you can access through our sites are not covered
by VS’s Membership Agreement and privacy provisions and we
accept no responsibility or liability for these sites.
MEMBERSHIP
BENEFITS
To
become a member of Fonetastic you need to fill in the registration form
and confirm that you accept the terms of this membership agreement and
the access agreement. VS can refuse to accept any membership
application for any reason and VS need not give a reason for
refusal. VS also reserves the right to be able to cancel membership
at any time without notice for any reason.
If
your membership application is successful you will be allowed to use
your password which allows access to Fonetastic member features. This
password is for you alone and is not to be used by anyone else - it
can not be transferred. You must also keep your password confidential
and you must not disclose it to anybody else. You agree to notify us
of any unauthorised use of your password. You are responsible for ensuring
that no unauthorised access to the Fonetastic member services is obtained
through your password. You are liable for activities conducted through
your password, whether authorised or not, until you have notified us
of such unauthorised use and we have cancelled the password.
FoneTastic does not give any warranty as to the quality of the ringtones
or logos provided.
Fonetastic
members should respect the rights of others. Whilst VS reserves
the right to refuse to post or transmit or to remove any material (including
but not limited messages, ringtones and logos in whole or in part) the
posting or transmission of which would in VS’s sole discretion
violate any right of any person or constitute an offence or a breach
of any VS policy (including this agreement and the access
agreement) VS has no obligation whatsoever to monitor any
material on Fonetastic or to edit, delete or refuse to post or transmit
any material. Without limit to the other terms in this agreement
you are prohibited from including in any SMS message sent using Fonetastic
anything which could be construed as unlawful, hate mail, defamatory,
harassment (sexual or racist) or discriminatory. Individual members
will be held liable for the content of any SMS sent or logo designed.
You
acknowledge that the internet and SMS are inherently flawed and that
some e-mails, internet messages and SMS messages never make it to their
intended destination or do so after a significant delay. You should
not send important messages using Fonetastic and Vermillion Skies cannot
guarantee the delivery of any message sent over the Fonetastic system.
All
logos created or transmitted to Fonetastic should not represent registered
trademarks or other protected third party rights and individual members
will be held liable for infringement of any rights which do exist. Some
of the logos provided as part of Fonetastic have been designed by individual
members and VS do not carry out any checks as to whether these
designs infringe third party intellectual property rights. VS
makes no representation and does not warrant that any logo provided
as part of the services of Fonetastic does not and will not infringe
a third parties intellectual property rights. All intellectual property
rights which are created by you from use of Fonetastic including logo
designs will belong to VS.
If you have any complaints in relation to Fonetastic email
support@support.fonetastic.com.
Please note that all free credits SMS or otherwise are given to users at
the digression of VS. VS Reserves the right to alter the number of
credits given at any time. Please note that if an account is not
accessed for a period of long than 30 days, stored credits will no
longer be valid. Please note that this does not affect daily credits.
Please
Membership
to Fonetastic is prohibited to children in the US under the age of 13
or to children in any other jurisdiction where it is unlawful to provide
personal information or to use this site. If membership details are
completed which state that a member lives within the US and is under
13 registration will not be completed. Specifically, and without limit
to the rest of this agreement, VS reserves the right to cancel
membership at any time if it becomes aware that these provisions have
been breached.
WHAT
PERSONAL INFORMATION ABOUT MEMBERS DOES FONETASTIC GATHER?
The
information we learn from members helps us personalise and continually
improve your experience at Fonetastic. Here are types of information
we gather:
We
receive and store any information you enter on our website or give us
in any other way. You provide this information when you search, participate
in a contest or questionnaire or communicate with customer service,
make an order; provide information when you register as a member; participate
in the daily vote or communicate with us by phone, e-mail or otherwise. As
a result of those actions you might supply us with such information
as your name, address, post code, mobile or other telephone number,
date of birth, gender, credit card information, information on how you
use our products and services (such as type, date, time, location and
duration of calls or messages, the number of calls and how much you
spend and informatio on your browsing activity when visiting our websites)
and any other information with respect of your use of our products and
services. We might also ask for other specific information from time
to time. We use the information that you provide for such purposes
as responding to your requests, customising future use of the website
for you, improving our site and communicating with you. We also
use this information for marketing purposes as outlined in this agreement.
We
receive and store certain types of information whenever you interact
with us. For example, like many websites, we use “cookies” and
“webbugs”, and we obtain certain types of information when your web
browser accesses fonetastic.com. Third parties might also do this
on our site. Examples of information we collect and analyse using
technology which is not readily apparent include the Internet Protocol
(IP) address used to connect your computer to the internet; log in;
e-mail address; password; computer and connection information such as
browser type and version, operating system and platform; purchase history;
the full Uniform Resource Locators (URL), click stream to, through and
from our website, including date and time; cookie number; pages viewed
or searched for; your site history, and phone number used to contact
us. A number of companies offer utilities designed to help you
visit websites anonymously. We want you to be aware that these
tools exist.
To
help us make e-mails and SMS more useful and interesting, we often receive
a confirmation when you open e-mail or SMS from Fonetastic if your device
supports such capabilities. We also compare our customer list to
lists received from other companies, in an effort to avoid sending unnecessary
messages to our customers. If you do not want to receive e-mail,
SMS or other mail from us, please let us know by sending an e-mail to
support@support.fonetastic.com.
For
reasons such as improving personalisation of our service (for example
providing special offers that we think will interest you), we might
receive information about you from other sources and add it to our account
information.
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What
are Cookies and Webbugs?
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Cookies
are pieces of information that we transfer to your computer’s hard
drive through your web browser when you are viewing the website. These
pieces of information allow the website to act on information that
will make your use of this site more rewarding. We use cookies
to enable our system to recognise your browser and to provide features
such as easier login and greater security and for storing information
about you between visits. None of these cookies contain your password,
mobile phone number or address details in text format.
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The
“help” portion of a toolbar on most browsers will tell you how to
protect your browser from accepting new cookies, how to have the browser
notify you when you receive a new cookie, or how to disable cookies
altogether. However if you turn cookies off you won’t have access
to some of the features that make the site more efficient and services
may not function properly.
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Webbugs
are minute images (commonly 1 pixel x 1 pixel to be exact) that transmit
data on use of the internet back to a computer specified by the webbug.
Information fed back by web bugs is often similar to the sort of information
you will find in a cookie, such as the sites that you have recently
visited and potentially
the characteristics of the machine that you were using. You can
find out more about webbugs by visiting
http://www.bugnosis.org/faq.html#web%20bug%20basics
– that site also tells you what you can do to find out what a webbug
is doing or how to stop it coming to your computer altogether. Again
please remember that if you do not accept webbugs you might not have
access to some of the features that make the site more efficient and
services may not function properly. We also cannot guarantee
that any anti-webbug software you install will not cause harm to your
computer.
DOES FONETASTIC.COM
SHARE THE INFORMATION RECEIVED?
Information
about our customers is an important part of our business and we use
personal information in a limited number of ways. If there is value
for Fonetastic we do share customer information as described below.
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Affiliated
businesses we do not control. We may work with closely with affiliated
businesses to provide services for you. We will share user information
with these businesses.
-
Agents. We
employ other companies or individuals to perform functions on our
behalf. Examples include the removing of repetitive information
from customer lists, analysing data, providing marketing assistance,
processing credit card payments and providing customer service.
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Promotional
offers. Sometimes we send offers to selected members of Fonetastic.
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Business
transfers. As we continue to develop our business we might sell
or buy other assets. The legal status of VS or its ownership
could also change. In this type of transaction, customer information
generally is one of the transferred business assets. You acknowledge
that your data could be transferred as part of the process.
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Marketing
organisations. From time to time we provide member’s e-mail,
SMS, and/or address details to organisations whose products and services we think
you might find interesting. If you do not want your information
passed on please let us know to enable us to update our records.
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Third
party advertisers. Once you have clicked on an advertisement
you have left Fonetastic’s site, and we cannot be responsible for
what happens on that site. You must read the privacy policy of
the advertiser to see how your personal information will be handled
on their site. In addition many business advertisements are managed
and placed on our site by third party companies. Information
which is may be collected when you click or scan on the banner adverts
or when they appear on your browser. To stop this happening you
should consider disabling cookies and/or webbugs as we have explained
already.Fonetastic uses ad servers (such as Double Click) to serve the advertisements that you see on the pages of Fonetastic. That partner may use cookies in the process of serving advertisements. For some more information about Double Click cookies and how to 'opt-out', please click
here.
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Organisations
that help protect the security and safety of our members. We
will give out personal information as required by law, for example
to comply with a Court Order, to enforce our terms and conditions
or to protect the safety and security of consumers on our site.
HOW SECURE IS THE INFORMATION ABOUT ME?
-
The
importance of security for all personally identifiable information
associated with our members is of utmost concern to us. We take
technical, contractual, administrative and physical steps to protect
all of the member information we hold.
-
When
you provide credit card information, we use Secure Sockets Layer (SSL)
encryption to protect it.
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It
is important for you to protect against unauthorised access to your
password and to your computer. Be sure to log out when using
a shared computer and take steps to make sure that information about
your password and credit card and any other personal information has
not been stored by that computer or a network connected to it.
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When
you do register with us or give us personally identifiable information
you have an opportunity at that time we collect your information to
limit e-mail and SMS communications.
-
-
The
help portion of the toolbar on most browsers will tell you how to
prevent your browser from accepting new cookies, how to have the browser
notify you when you receive a new cookie or how to disable cookies
altogether.
-
You
can visit sites on the internet that will tell you more about webbugs
and what to do about them.
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There
are products which allow anonymous browsing.
CONDITIONS
OF USE
This
agreement is governed by the laws of England, where Fonetastic originates
and is designed to be accessed and is deemed to be made in England.
You hereby consent to the exclusive jurisdiction of the English courts
in all disputes arising out of or relating to the use of Fonetastic.
Use of Fonetastic is unauthorised in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph.
By
applying for membership of Fonetastic you agree that you have read the
access agreement
and all of its contents. This agreement and the access agreement
may be altered as our business changes constantly and for this reason
you should regularly visit the membership agreement on the site as the
current version will be binding upon you.