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Terms of Service


1. Description of Service
(b) SMS
2. Registration and Access to Service
(a) Access to the Service
(b) Subscription Plans
(c) Registration Data
(d) Username and Password
(e) Access without Registration
(f) License to Download(s)
(g) Interruptions or Discontinuation of Service
(h) Third Party Products and Services
3.Privacy
(b) Advertising
(c) Research
4. Indemnification
5 Fair Usage Policy
6 Promotional Period
7 Disclaimer of Warranties and Limitation of Liabilities
8. Intellectual Property Rights
9. Fees
10. Termination and Cancellation of Services
11. Miscellaneous Provisions
(a) Notices And Announcements
(b) Severability.
(c) Entire Agreement.
(d) Assignment And Resale.
(e) Governing Law.
(f) Waiver.
(g) Headings.
(h) Survival.

These Terms of service constitute a legal "Agreement"; please read them carefully.

By completing the registration process on our wap sites, websites or i-mode sites or any successor website thereto ("Website") OR by downloading mobile content to a mobile device (each a "Download"), you (1) represent that you are at least 18 years of age and have the consent of the subscriber of a participating mobile communications carrier to sign-up for and use the Eirborne Service on behalf of the subscriber; and (2) agree on behalf of the subscriber and yourself to be bound by the terms and conditions of this Agreement. In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to Eirborne , doing business as "Veronica" ("Eirborne" or "Eirborne "). This Agreement explains our obligations to you, and your obligations to us in relation to the Service.

1. Description of Service
Eirborne provides downloadable mobile entertainment content, such as ringtones, games, graphics, news, SMS services and other information data via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (the "Service"). You acknowledge and agree that the Service is for your personal use on the mobile device designated during the Download. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s). You may not, or attempt to (or otherwise authorize, encourage or support others" attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s).

(b) SMS
Once you join you also get to send SMS messages to your friends-subject to our fair usage policy of a maximum of 600 SMSs per month.(20 per day) You must be 16 or over. Please ensure you have the bill payers permission. Your subscription will continue until cancelled. Your Normal Operator charges apply for text messages and GPRS charges. Your phone must be WAP/GPRS enabled. By subscribing you consent to receive related promotional material from us.

2. Registration and Access to Service
(a) Access to the Service In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Eirborne makes the Service available as well as any carrier services necessary to download content, and pay any service fees (eg WAP. GRPS, MMS) associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Eirborne’s operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Eirborne shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

(b) Subscription Plans
Eirborne is offering through its Service a defined number of individual Downloads on a renewable subscription basis (the "Subscription Plan"). Eirborne reserves the right increase pricing from time to time. Please check these Terms and Conditions for updates and the About section of the wap site for current pricing. Please note that for each plan you must agree to the Terms of Service and that you will be responsible for any additional messaging and data charges charged by your mobile carrier. You must view the particular plan details to determine the content available under that plan.

For information on how to cancel services, refer to 10. Termination and Cancellation of Services

The United Kingdom MocoUnlimited Plan
• Subscription Plan fee - £3.00 every six days
• Subject to the Terms of Service
• All content £1.00 each
• Renewed every 6 days

The AUSTRALIAN Your Moco Plan
• Subscription Plan fee - $6 every 6 days
• Subject to the Terms of Service
• Renewed every 6 days

The IRELAND Veronicas Moco Plan
• Subscription Plan fee - €2.50 every 6 days
• Subject to the Terms of Service
• All content 60c
• Renewed every 6 days


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The Subscription Plan between you and Eirborne shall begin when Eirborne, upon your request, has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that Eirborne deems sufficient for your identification). Access to the Service can be provided by delivering to you downloadable mobile entertainment content of the content category you subscribed to (e.g., by delivering a ringtone or an info news - SMS) or by enabling you to download the product (e.g., by delivering a WAP-Push link or a PIN for download of the downloadable mobile entertainment content on Eirborne website) or by providing access to the mobile entertainment content (e.g., by enabling MSISDN for this product).

The Subscription Plan and subscription period will be renewed automatically and a new subscription fee shall become due for the concerned subscription period. The Subscription Plan shall remain in effect until terminated and/or cancelled by you or Eirborne according to relevant of this Agreement. After entering into your Subscription Plan, every week (UK, IRL and Aus) the Eirborne will charge the applicable Subscription Plan fee - every month for US. The fee shall become due irrespective of whether or not you actually download any content during any particular subscription period. The consideration for the fee shall solely be the provision of the right to download, receive and/or access downloadable mobile entertainment content, in other words the making available of the respective download-, WAP- and SMS.

(c) Registration Data
If you opt to register for the Service on our Website, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Eirborne has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Eirborne has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and our Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify such Registration Data.

(d) Username and Password
If you opt to register for the Service on our Website, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will we be liable for the unauthorized use or misuse of your username and/or password. Eirborne may need to change usernames allocated to certain of its Services and reserves the right to do so. You will be informed if this is necessary.

(e) Access without Registration
Eirborne may provide you with access to some Services without you registering as a user, such as sign-up via SMS. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.

(f) License to Download(s).
You acknowledge and agree that the Download(s) made available as part of the Service are owned by Eirborne, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Eirborne hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile entertainment content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device. None of the content download can be re-sold or re-distributed in any way.

(g) Interruptions or Discontinuation of Service.
Eirborne reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or cancelled by Eirborne we will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 8 of this Agreement.

(h) Third Party Products and Services.
We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services may be purchased and/or obtained directly from such third party. You acknowledge and agree that Eirborne shall not be party to, or in any way responsible for any transaction concerning products or services made available from such or any content or information presented in connection with services of third parties.. You acknowledge and agree that Eirborne shall not be in any way responsible for any transaction of any type concerning information or content obtained and downloaded

(h) Compatible Products
Products may not be compatible with all mobiles. Where a compatible product is not available for your mobile an alternative download or credit will be provided.


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3. (a) Privacy
We do not collect personally identifiable information from out customers unless that information is necessary to complete a transaction, such as sale of our products to a customer. We will not disclose your personal identifiable information unless required to do so by an authorised government agency. We do not share your email address or mobile number with other companies, except for the purpose of completing your order. We have taken all reasonable precautions to ensure the security of your personal information and transactions.

(b) Advertising
You acknowledge that Eirborne has the right to present advertisements to you while you use the site. These ads may take the form of, but are not limited to, graphics, video or text link ads. In addition, you agree to allow Eirborne to insert text link advertisements into the SMS messages you send from the site.

Eirborne does not control the content of advertised services, which are supplied by third parties and the inclusion of content does not imply endorsement of the third party by Eirborne.

(c) Research
In Running the service Eirborne may, from time to time, wish to contact you to canvass your opinion on the operation and improvement of the service. This communication may take the format, but is not limited o, email, online surveys and phone calls. Any answer you give will be used solely for improvement of the site and will be held in the utmost confidence.

4. Indemnification
You agree to release, indemnify, defend and hold harmless Eirborne, its parent Eirborne, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

5 Fair Usage Policy.
"Unlimited" access to database of content items is defined as up to 4 items per day per user (MSISDN). This is deemed by the Eirborne maximum normal fair personal use. "Unlimited" access to send SMS messages is defined as up to 20 SMS per day per user (MSISDN). This is deemed by the Eirborne maximum normal fair personal use. SMS messages can be sent to the mobile operators in the same country as the user , or in some cases internationally. This is the

This Agreement will terminate immediately, without notice, if you fail to comply with any term or condition of this Agreement. Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device.

6 Promotional Period
Users are not charged for the First weeks Subscription. This is the promotional period, for Veronicas Moco, in Ireland.

7 Disclaimer of Warranties and Limitation of Liabilities
You understand and agree that your use of the service. Including but not limited to a download(s), is solely at your own risk and that you will be solely responsible for any damage to your mobile device or loss of data that may result from your use or download. You agree that the service is provided on an ‘as is’ and ‘as available’ basis.

You acknowledge and agree that Eirborne shall have no liability to you or any third party for any modification, suspension, discontinuance or termination of the service or any part thereof. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Eirborne makes no warranties that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error free. Except in jurisdictions where such provisions are restricted, you agree that Eirborne’s entirety liability to you or any third person, and your or their exclusive remedy in law, in equity or otherwise, with respect to the service provided under this agreement and/ or any breach of this agreement is solely limited to the amount you paid for such service during the term of this agreement

8. Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Eirborne Intellectual Property Rights") are owned by Eirborne or its licensors, and you agree to make no claim of interest in or ownership of any such Eirborne Intellectual Property Rights. You acknowledge that no title to the Eirborne Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

9. Fees
The amount of the fees for the Subscription Plan to the Service are identified and available as described above. You agree to pay your mobile device operator the fee that corresponds to the Subscription Plan you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill or prepaid balance from your participating mobile communications carrier. This will be an automatically renewing subscription. All fees are subject to change upon notice from Eirborne. Eirborne 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 the date of such notice to cancel your subscription plan and/or your account effective at the end of the calendar month. All fees are due immediately and are non-refundable, except as otherwise expressly noted.

10. Termination and Cancellation of Services
UK:
You may cancel your MocoUnlimited plan by sending a "STOP" text message to 66033 by calling Eirborne customer service at 0845 225 1802

Australia:
You may cancel Your Moco plan by sending a "STOP" text message to 19710197 or by calling Eirborne customer service at 1300 882 518.

IRL:
You may cancel your Veronicas Moco plan by sending a "STOP" text message to 57030 or by calling Eirborne customer service at 0818 300 048.

Or send an e-mail to customerservices@zamano.com.

The termination shall become effective at the end of the billing period in which you gave your notice of termination.

You agree that Eirborne, at its sole discretion, may at any time terminate your use of the Service and Subscription Plan(s) or individual services provided via the Service and/or change its content offering made available through the Service, if Eirborne believes that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, Eirborne may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Eirborne shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or Subscription Plan for any reason, Eirborne will not refund any of your fees paid to date, except as expressly provided in this Agreement.


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11. Miscellaneous Provisions
(a) Notices And Announcements

Except as expressly provided otherwise herein, all notices to Eirborne shall be in writing and delivered via overnight courier or certified mail, return receipt requested

Eirborne Ltd
4 St Catherines Lane West,
Digital Hub,
Dublin 8.
Ireland

Eirborne shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to Eirborne or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) Severability.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

(c) Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

(d) Assignment And Resale.
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

(e) Governing Law.
This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Republic of Ireland The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(f) Waiver.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Eirborne. The remedies of Eirborne under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

(g) Headings
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

(h) Survival.
In the event this Agreement terminates as provided herein, Sections 2(b), 2(c), 2(e), 4, 5, 6 and 9 of this Agreement shall survive such expiration or termination.