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freesuperheros
Membership
Agreement between Members of the freesuperheros Fonetastic Network Website and related
Services (“Fonetastic”) and Vermillion Skies Ltd (“Vermillion Skies”)
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 5039469 whose registered office is
at Manor House, Manor Street, Dewsbury, West Yorkshire, WF12 8ED. Vermillion Skies Ltd can be contacted by post to 25 Floral Street, Covent Garden, London
WC2E 9DS. We can be reached via e-mail at support@partners.fonetastic.com
or you can reach us by telephone at 020 3002 0682.
Any
third party site that you can access through our sites, including the main body
of the freesuperheros site are not covered by Vermillion Skies 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. Vermillion Skies can refuse to accept any membership application for
any reason and Vermillion Skies need not give a reason for refusal. Vermillion Skies
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.
Vermillion Skies does not give any warranty as to the quality of the ringtones or logos
provided.
Fonetastic
members should respect the rights of others. Whilst Vermillion Skies Ltd 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 Vermillion Skies sole discretion violate any right
of any person or constitute an offence or a breach of any Vermillion Skies policy
(including this agreement and the access agreement) Vermillion Skies 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 Vermillion Skies
do not carry out any checks as to whether these designs infringe third party
intellectual property rights. Vermillion Skies 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 Vermillion Skies.
If you have any complaints
in relation to Fonetastic email support@partners.fonetastic.com
or call 0845 658 9965
·
Credits
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.
·
Children
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, Vermillion Skies 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:
·
Information you give us
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.
·
Automatic information
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.
·
E-mail and SMS communications
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@partners.fonetastic.com.
·
Information from other sources
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.
·
What are Cookies and Webbugs?
Ø
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.
Ø
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.
Ø
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.
Ø
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.
Ø
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.
Ø
Promotional offers. Sometimes we send offers to selected members
of Fonetastic.
Ø
Business transfers. As we continue to develop our business we
might sell or buy other assets. The legal status of Vermillion Skies 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.
Ø
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.
Ø
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.
Ø
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 information about me?
Ø
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.
Ø
When you provide credit card information to Fonetastic, we use
Secure Sockets Layer (SSL) encryption to protect it.
Ø
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.
·
What choices do I have?
Ø
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.
Ø
You can request at any time that Fonetastic do not send future
e-mails or SMS to you either by contacting us at support@partners.fonetastic.com
Ø
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.
Ø
You can visit sites on the internet that will tell you more about
webbugs and what to do about them.
Ø
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 at http://www.fonetastic.net/access.php and that you agree with 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.
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