Terms and Conditions of Use

1. Website Ownership
This website is owned and operated by Mobile Entertainment, LLC (the "Owners").  See the help area of the website if you require technical assistance.

2. Terms Of Use
Access to and use of the Zafooba.com (www.zafooba.com) Internet site (the "Website") and the services available through it (the "Services") are subject to the following terms, conditions and notices.  By using this Internet site, you are agreeing to all of the terms, conditions and notices, without modification contained herein (the "Terms & Conditions").  The Terms & Conditions contained herein apply to any arrangement (referred to as the "Contract") for the Service described in Section 4 below from the Website.  The Contract is made between (i) the Customer (referred to as "You" or "Your") who retains the Services of the Owners and (ii) the Owners as owners and operators of the Website (referred to as "We" "Us" or "Our").  If you do not agree to these Terms & Conditions, please do not use the Website or the Services.  The Owners reserve the right, at their discretion, to change, modify, add, or remove portions of these terms at any time, for any reason without notice.

3. Payment
Payment for the Service provided to You at and/or through the Website may be made by automatic credit card, check debit card or your wireless phone bill and you hereby authorize the Owners to transact such payments on your behalf using the payment instrument of the Owner's choice.  By default, any Dues or other Approved Charges shall be billed to your wireless phone bill (the "Approved Payment Method").  Unless you have good reason to believe the credit card (or other approved facility) You use to purchase Your subscription is lost or stolen, you agree not to report that credit card (or other approved facility) as lost or stolen.  Furthermore, by Joining the Club (defined herein) you further agree not to dispute any authorized charge by the Owners nor to contact your Carrier, m-Qube, mBlox or any other third party regarding any dispute with the Owners over any charge, but to instead submit to Arbitration as set forth herein.  You agree and acknowledge that if you fraudulently report the credit card (or other approved facility) used to obtain Club Membership or goods from the Website as stolen, or if you fraudulently report that an charge by the Owners is unauthorized, you shall be liable to the Owners for liquidated damages of $25,000.00.  The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.

4. THE ZAFOOBA.COM CLUB SERVICES
ZAFOOBA.COM UNLIMITED CLUB SERVICE - The Owners make avaialble to the general public who have mobile phone service through either At&t, Sprint or T-Mobile® (the "Carrier(s)") the ability to join the Zafooba.com Unlimited Club Service (the "Club"). Club Membership entitles You to download to your mobile handset, at no additional charge, (i) an unlimited number of polyphonic ring tones; (ii) an unlimited number of non-premium pictures (wallpapers and screensavers); (iii) select mobile games (if made available at the descretion of the Owners and subject to change at anytime without notice); a pre-determined number of mastertone downloads per month (which may be as few as none and is at the descretion of the Owners and subject to change at anytime without notice) in our library on a monthly basis throughout the Membership Term (defined herein). Club Membership also includes (iv) access to our user console that enables You to customize Your phone by uploading Your personal music and pictures and then relaying them to Your phone, as well as (v) the ability to subscribe to as many of Our daily text alert services (collectively, the "Club Services").  Membership to the Club is automatically initiated when You provide to the Owners through the Website (i) your mobile phone number; (ii) your Carrier; and (iii) a four-digit PIN number sent to your mobile handset (all three actions constitute "Join(ing) the Club").  By Joining the Club, you are agreing to continue your membership to the Club (the "Club Membership") for a minimum term of twelve (12) calendar months (the "Membership Term").


SEVEN DAY CLUB TRIAL - From time to time and at the discretion of the Owners, the Owners may elect to privde a promotion on the Website in which You can Join the Club but opt-out of the club at anytime before the end of the one hundred sixty-seventh (167th) hour following the date and time in which you Joined the Club (the "7 Day Club Trial Period"). If you Joined the Club under the 7 Day Club Trail Period, then you may discontinue your Club Membership and not be obligated to the Membership Term by logging-in to the Website and entering your mobile phone number and password.  Select "Cancel Membership" from the menu on the left and follow the directions.  If you do not cancel your Club Membership within the 7 Day Club Trial Period, then you authorize the Owners to charge your cellular phone bill or credit card (or other approved facility) for your Dues on a monthly basis until the end of your Membership Term.


CLUB MEMBERSHIP DETAILS - Your Club Membership is non-transferrable and your Club Membership cannot be transferred or assigned to any other person, entity or mobile phone number than the mobile phone number which You entered when you Joined the Club. No person other than You may access your Club Membership via the Website, either directly or indirectly. This includes, but is not limited to, sending your username and/or password to other parties and making your user name and/or password available where others may access them.  By Joining the Club You agree to keep your password strictly confidential.  Allowing others to gain unauthorized access to the Website is a breach of this Agreement and a violation of law. Unless You discontinue Your Club Membership, Your Club Membership shall automatically renew on the anniversary of the date in which You Joined the Club for sucessive twelve (12) month renewal terms.  If you wish to discontinue your Club Membership, you can either (i) log-in to the Website and enter your mobile phone number and password, then  select "Cancel Membership" from the menu on the left and follow the directions, or (ii) send a text message with STOP, QUIT, CANCEL, or END to number 37546.  By Joining the Club you agree to pay the Owners membership fees (the "Dues") in the amount of thirty-three point twenty-three cents per day (assuming a 31-day month), billed monthly to You via the Approved Method.  You expecitly understand that although You can discontinue Your Club Membership at anytime, Your Club Membership will cease at the end of your Membership Term (unless you registered under the 7 Day Club Trial and you discontinued within the 7 Day Club Trial Period, in which case your Membership Term will cease immediately and you will not pay any Dues) and you will be billed on a monthly basis for your Dues until the last calendar month of your Membership Term.  You further understand that the Club Services are provided via Your wireless phone/handset and that other charges may apply to such Club Services from your Carrier.


RINGTONE / GRAPHIC SERVICES WARRANTY - All Club Services are provided on an "as-is" basis.  No warranties of any kind are given nor implied.  You are responsible to determine if your mobile phone is compatible with the service provided.  Polyphonic ringtones and color graphics only work on select mobile phones/handsets and Carriers.  In addition, your cellular phone account needs to be Internet-enabled to download certain content provided within the Club Services.  The Owners will not give refunds if you download or attempt to download polyphonic ringtones, MP3 ringtones or color graphics to incompatible phones or carriers or if your cell phone account is not Internet enabled.


TEXT ALERT SERVICES WARRANTY - All Club Services provided via daily text alerts (Horoscope, Pick-Up Lines, Jokes, Celebrity Gossip, Word of the Day, Insults, Yo! Mama and Amazing Facts) will be transmitted to your cellular phone/handset via SMS text message.  Other charges may apply for these daily SMS text alerts from your Carrier above and beyond the Dues for your Club Membership.  All Club Services are provided on an "as-is" basis.  No warranties of any kind are given nor implied.  You are responsible to determine if your mobile phone is compatible with the service provided.  Your cellular phone/handset must be capable of receiving text messages of up to 140 characters in length.  The Owners will not give refunds if your phone is incompatible.

5. Privacy and Collection of Information
The Owners do not collect personal information about you unless you specifically and knowingly provide such information.  This would generally happen in the case where you have Joined the Club and choose to enter your name and other identifiable information on the Website.

6. Use Of Cookies
The Website may use cookies to enhance the user experience.  A cookie is a small inactive file containing information that is sent to your browser by our web server and stored on the hard drive of your computer.  Your browser should have an option to be notified every time a cookie is set.  None of the cookies contain details personal to you, your password, mobile number or address details in text form, so your data is safe from abuse.

7. Submissions
Submissions of information to the Website imply no obligation on the Owners for those submissions to be included in the Website.

8. Copyright Restrictions
The Contract does not constitute a license of any kind to distribute content that is sent to your cell phone/handset from the Website.

9. Disclaimer and Copyright Notice
All rights reserved.  No part of the contents herein may be circulated or reproduced, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the Owners. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.  THE OWNERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT.  THE OWNERS DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.  FURTHERMORE, THE OWNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE OWNERS OR A AUTHORIZED REPRESENTATIVE OF THE OWNERS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY.  THE OWNERS DO NOT GUARANTEE THAT THE WEBSITE OR THE SERVICES (OR ANY SIMILAR WEBSITE OR SERVICES) WILL BE AVAILABLE IN THE FUTURE.  THIS DISCLAIMER OF WARRANTY INCLUDES BUT IS NOT LIMITED TO ANY INFORMATION VIEWED ON THE WEBSITE, LINKED TO FROM THE WEBSITE, OR TRANSMITTED FROM THE WEBSITE TO MOBILE PHONES.

10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE OWNERS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ETC.) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND SERVICES, EVEN IF THE OWNERS OR THEIR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

11. Complaints
Your satisfaction is important to us. If you are in any way dissatisfied with the Services or have any suggestions as to how the Services might be improved, please contact us by email. We will then investigate the matter thoroughly and take whatever action we think appropriate.

You may contact the Owners, receive support or make inquiries by going to Customer Care at http://www.zafooba.com/contact.

12. Third Parties
We do not intend to confer any benefit on any person other than the persons using our service 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 persons.

13. Applicable Law
The Contract and the Terms and Conditions shall be governed in all respects by, and construed in accordance with Florida law and shall be subject to the exclusive jurisdiction of the Courts of the state of Kansas. In the event that any provision of the Contract of the Terms and Conditions shall be declared invalid, the entire Contract and the Terms and Conditions shall not fail on its account, and that provision shall be severed, with the balance of the Contract and the Terms and Conditions continuing in full force and effect.