TERMS OF SERVICE

CAREFULLY READ THE FOLLOWING TERMS OF SERVICE. BY REGISTERING OR PURCHASING ONE OF OUT PRODUCTS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO CONTINUE. YPUS.NET IS NOT BOUNDED TO A REFUND.

LICENSE GRANT

The Service contains content for cellphones ("Software"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software. "We" and "us" means YPUS.NET, an aim4media initiative.

The software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not:
(a) modify or create any derivative works of the software;
(b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software; or, without limitation, redistribute, sublicense, or otherwise transfer rights to the software.

TITLE

We remain the owner of all right, title and interest in the Software.

CUSTOMER CATEGORIES

Users of the Service may become "Guests users", "Free Members" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are charged only for the use of the features they orderred directly. Free Members are allowed to access all or a limited number of features of the Service during the free trial period. Free Members are not charged by us for the features they subscribed to during this period. After the trial period ended, they are automatically charged for the full period of this service. They automatically become Full members after this period. Certain additional features of the Service made available to Full Members are also free of charge. Certain other features of the Service are "paid features", for which a Full Member is charged.

Full Members of the Service are required to pay monthly fees to use the "paid features" of the Service. Please visit the site for a description of credit packages and paid features. Each agreed payment period a Full Member is charged for the use of the next period of this service. This contract will be automatically renewed for the same period.

THE PURCHASE OF SERVICES IS NON-REFUNDABLE. Any cancelled service will remain “deliverable” even if you cancelled your membership for the remaining contract period and not be refunded if unused, even if you are no longer using the Service. If you do not change your account after cancelling the service your membership will automatically end after the period of the membership is ended. Any new subscriptions will leade to a NEW agreement. The Member can switch to other Services of the same cost during this period. Any additional costs will be charged and the cotract is renewed from that moment.

FUNCTIONALITY

The Service will send the software of you choice to your cellphone. This contains one or more of the following features:
a) Text messages,
b) Ringtones,
c) Polytones,
d) Games,
e) Wallpapers,
YPUS.NET gives no warranties for delivery software

Services are sent to the mobile phone number provided by the Customer during their registration. Services can be downloaded on mobile phone networks in all countries where this service is available.

To receive a ring tone or graphic the Customer need to fulfill all of the following conditions: A ring tone or graphics capable phone, a subscription to a carrier phone plan, text messaging and payment information are required.

Ring tones or graphics may only be received in the Customer carrier network areas.

The ability to receive text messages does not necessarily indicate the ability to receive ring tones or graphics. Please make sure the phone that will be receiving the ring tone or graphic is a compatible phone prior to purchase. If the customer order a ring tone or graphic and the receiving phone is not compatible, the customer will still be charged but the receiving phone will not be able to play the ring tone or display the graphic. If the receiving phone is not turned on, the phone's memory is full or the phone is outside the network area, the customer's ordered items will not be delivered.

The customer must be of legal age to download. This age is relative to the country in which the download is being processed. Mediaplazza cannot be held responsible for downloads made by customers who do not follow this.

The Customer selects the required Service from the Web site. Once this selection has been made, a new window opens specifying the different possible payment methods along with the reference to be used to obtain the download.

Once the Customer has confirmed and used one of the payment methods proposed by YPUS.NET immediately directs the Service to the telephone operator's transmission platform. The latter then sends it to the Customer or recipient's mobile phone via SMS or via WAP depending on the type of Service selected by the Customer.

The time it takes to receive graphics, music or software depends on the telephone operator's time conditions for sending the SMS or WAP from its transmission platform to the Customer's mobile phone.

YPUS.NET cannot be held responsible for bad reception or failed reception if the Customer has not respected these conditions.

ARCHIVAL OR BACKUP COPIES

You may either :

• make one copy of the Software solely for the usage on your cellphone, or
• save the Software to the memory of your cellphone, provided you keep the original solely for backup or archival purposes.

THINGS YOU MAY NOT DO

The Software are protected by copyright laws and international treaties. You must treat the Software like any other copyrighted material--for example a book. You may not :

• Resend the Software,
• copy the Software except to make archival or backup copies as provided above,
• modify or adapt the Software or merge it into another program,
• reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
• Place the Software onto a server so that it is accessible via a pubic network such as the Internet, or
• sublicense, rent, lease or lend any portion of the Software or Documentation.

TRANSFERS

You may transfer all your rights to use the Software to another person or legal entity provided you transfer this Agreement, the Software, including all copies, update and prior versions to such person or entity and that you retain no copies, including copies stored on computer.

LIMITED WARRANTY

You expressly agree that the use of this service/software is at your own risk. The service/software is provided on an “As Is” basis, without warranty of any kind, including without llimitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event will YUPS.NET or its agents be liable for any damages arising from the use of or inability to use the software or non-delivery, including, without limitation, damages to users’ cellphones and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or losses.

PRIVACY

YPUS.NET does not collect any Personally Identifiable Information about you other than then is needed to deliver, promote and bill the Service.

TERM AND TERMINATION

This license agreement takes effect upon completing the signup of the software and remains effective untill the term of the agreement and is automatically renewed. Any costs will automatically billed from your Paypal of Creditcard.

You may terminate it at any time by cancelling your membership on the website YPUS.NET. A cancellation AFTER the trial period or during the initial or renewal term of this agreement will NOT lead to refunds or a cancellation of your obligation to pay fr the suervice during this contract term.

It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to explicitely cancel your subscription in your account area on the website YPUS.NET.

This Agreement may be modified by YPUS.NET from time to time, in YPUS>NET sole discretion. The last date of modification is set forth below.

CONFIDENTIALITY

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCALS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

All these provisions are subject to Dutch law. In the event of a dispute, the appropriate Dutch court shall have sole jurisdiction.

March 2005, version 1.0