Welcome to m-cards.biz.
m-cards.biz is owned and operated by Cellabration, Inc. ("The Website
Operators"). See the help and FAQ areas for more information on the operation
of the website.
M-cards.com provides its service to you subject to the following conditions. If
you visit or purchase on m-cards.biz, you accept these terms and conditions of
use.
Terms of Website Use
Access to, and use of the m-cards.biz Internet website and the products and
services available through it are subject to the following terms, conditions
and notices. By using this Internet website, you are agreeing to these terms,
conditions and notices, without modification. If you do not agree to these
terms, conditions and notices please do not use the m-cards.biz website. The
Website Operators reserve the right, at our discretion, to change, modify, add,
or remove portions of these terms at any time, for any reason, and without
notice.
Privacy
The Website Operators do not collect personal information about you unless you
specifically and knowingly provide such information to us. This would generally
happen in the case where you have entered your information in one of our
promotions, subscribed to or newsletter or made a purchase. To understand our
practices, please review or Privacy Policy, which also governs your visit and
use of m-cards.biz.
Electronic Communication
When you visit m-cards.biz or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you and recipients of M-cards, Ringtones, Screen
Savers or Games by e-mail, m-cards or by posting notices on this website. You
agree that all agreements, notices, disclosures and other communication we
provide to you electronically satisfy any legal requirement that such
communication be in writing.
Copyright
This website and materials included on this website, such as text, graphics,
logos, button icons, images, audio clips, m-cards, ringtones, screen savers,
games, digital downloads, data compilations, and software, is the property of
the Website Operators or their content suppliers and is protected by United
States and international copyright laws. The compilation of the content on this
website is the exclusive property of the Website Operators and protected by
United States and international copyright laws. All software used on this
Website is the property of the Website Operators or their software suppliers
and protected by United States and international copyright laws. Nothing
contained on this website should be construed as granting, by implication,
estoppel or any license or right to use this website or any information
displayed on this website. No part of the contents of this website may be
circulated or reproduced in any form or by any means, electronic, mechanical,
photocopying, recording, right-clicking or otherwise, without the prior express
permission of the Website Operators.
Copyright and Trademark Information.
©2004 Cellabration, Inc. All rights reserved.
Disclaimer
Although great care has been taken to ensure the accuracy and completeness of
the information contained on this website, neither the Website Operators, nor
their employees or associates are able to accept any legal liability for any
consequential loss or damage, however caused, arising as a result of any
actions taken on the basis of the information contained in or linked to or from
this website. This includes, but is not limited to, any information viewed on
the website, linked to or from the website or transmitted from this website to
cellular phones.
Notification
If the M-cards, Ringtones, Screen Savers or Games, ("Material(s)"), have not
been successfully downloaded with twenty four (24) hours of completion of your
purchase, pleas notify us within seven (7) days of your purchase by email. If
you fail to notify us within seven (7) days of your purchase, the Material(s)
you have purchased will be conclusively presumed to have been received. If you
do notify us within seven (7) days of your purchase, we shall attempt to
download the Material(s) for an additional twenty-four (24) hours after your
notification. If however, downloading is not achieved within the additional
twenty-four (24) hours, it will be assumed that downloading is not possible.
Warranties and Limitations on our Liability
We warrant that:
Once downloaded, the Materials will operate indefinitely or: 1) until removed
by you or a person to whom you have given access to the mobile telephone to
which the Materials were delivered; or 2) any technical failure of your mobile
telephone equipment (see below).
We are entitled to license to you a limited use of the Materials on your mobile
telephone and that no party will take action against you in respect to that
use.
The message used to deliver the Materials will not introduce any virus on your
mobile phone and our liabilities under the above warranties shall be without
limit.
Except as expressly set out above, all warranties, representations, conditions
or other terms of any nature, whether expressed or implied, and however
arising, in relation to the Materials or the Agreement are hereby limited and
excluded to the maximum extent permitted by law, and in particular:
1) Because you have chosen the Materials and have had an opportunity to check
them prior to your purchase, we shall not be liable in any way if the Material
are in any way found to be of unsatisfactory quality or otherwise not suitable
for your purpose;
2) We shall not be liable for any oral or written statements or representations
as to the Materials or their suitability for any particular purpose;
3) We shall not be liable, and hereby exclude liability, for any indirect or
consequential loss damage cost or expense of any kind whatsoever and however
caused, whether arising under contract, tort (including negligence) or
otherwise, including without limitation, loss of business, earnings, profits or
contracts even if we have been advised in advance of the possibility of such
damage; and
4) We shall not be liable under any circumstance for any loss, damage, injury,
or delay due to circumstances or any cause beyond our control in relation to
the Materials or the performance of our obligations under the Agreement.
Complaints
Your satisfaction is important to us. If you are dissatisfied in any way with
the service you receive or have any suggestions as to how that service might be
improved, please contact us by email at the following email address: EMAIL
ADDRESS HERE. We will then investigate your concerns or suggestions and take
whatever action we think appropriate.
Third Parties
We do not intend to confer any benefit on any person other than the persons
using our services in accordance with these terms of business and we do not
intend that any term of any contract made pursuant to these terms of business
should be enforceable by anyone other than those Parties.
Applicable Law
By visiting m-cards.biz, you agree that the laws of the State of Florida,
without regard to principles of conflict of laws, will govern in all respects
these Terms and Conditions of Use and any dispute of any sort that might arise
between you and m-cards.biz or its affiliates.