© 2007 Mobile Live All rights reserved

MOBILELIVE MOBILE CONTENT SERVICE – MOBILE LIVE ("THE SERVICE") TERMS AND CONDITIONS
It is a condition of accessing the Service that the user acknowledges and agrees to comply with the following Terms and Conditions, and the user's use of the Service constitutes acceptance of these Terms and Conditions. These Terms and Conditions shall form the Agreement between the user and MobileLive with respect to the supply of the Services.
1. General
1.1 The Service is a mobile phone content delivery service facility owned by MobileLive ("MobileLive") and facilitated by itself or in conjunction with its service providers, which allows members of the public, subject to payment and/or registration, access to ring tones, games, and graphics, and other information data through its Website and via SMS to certain compatible mobile phone devices.
1.2 MobileLive may alter these Terms and Conditions from time to time without notice and it is the user's responsibility to monitor amended Terms and Conditions. All changes are effective from the date of posting on the MobileLive website. Any updated version of the Terms and Conditions will immediately super-cede any prior version.
1.3 In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which shall continue to have full force and effect.
1.4 In addition to these Terms and Conditions, there may be other terms and conditions that relate to the supply of a particular Service. In the event of any inconsistency between these Terms and Conditions and the other terms and conditions in connection with the particular Service, the other terms and conditions shall apply.
1.5 Any headings used in these Terms and Conditions are for convenience only, and will have no effect on interpretation or legal enforceability.
1.6 MobileLive's failure to enforce any rights it may have under these Terms and Conditions, at any stage, does not constitute a waiver of those rights.
1.7 The user may not assign or transfer any of his or her obligations or rights imposed by this Agreement to use the Service. MobileLive may assign or transfer any of his or her obligations or rights imposed by this Agreement to use the Service.
1.8 Sections 5 and 6 shall continue to apply despite the termination of the Agreement.
2. Access and Use of Service
2.1 In order to access the Service, you must be aged 15 years or over or have the bill payer's permission. This contract is void where prohibited.
2.2 In order to use the Service, the user must: (a) be connected to a mobile phone network service provider which allows the user to access the Service; (b) have a mobile phone with technology and software suitable for use in connection with the Service.
2.3 The user is responsible for ensuring that their technology or software does not interfere with the Service. In the event of interference, MobileLive may immediately terminate the user from using the Service.
2.4 MobileLive reserves the right to upgrade or amend the Service at any stage. If the user is required to upgrade or amend their technology or software to access the Service, the user shall be responsible for undertaking the required upgrades or amendments and all associated costs in this regard.
3. Subscription to Service
3.1 The subscription period for the Service is 6 days. The Subscription contract and the subscription period will be renewed each 6 days and a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated and/or cancelled by the user or MobileLive according to Section 9 of these Terms and Conditions.
3.2 The subscription to the Service allows the user to download any two (2) pieces of the content (game(s), wallpaper(s), ring tone(s)) made available during the subscription period of 6 days. Any rights to download any content during a subscription period expire at the end of the subscription period, and will not roll over into subsequent subscription periods. Not all networks allow the downloading of content. In this instance the consumer will be sent content such as 'jokes', 'words of wisdom', 'trivia' or other such content as deemed applicable and deliverable at that time to meet the subscription requirement to be included in the competition.
3.3 If the user downloads more than the nominated level of content during a subscription period, the user will be charged at the standard rate for downloading such content.
3.4 The user is responsible for all activities associated with the use of his or her subscription to the Service. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. The user agrees to notify MobileLive if they become aware or suspect unauthorised use of their subscription. MobileLive will not be liable for any loss or damage arising from the user's failure to comply with this Section.
3.5 The user agrees that he or she will not use the Service for any commercial purposes.
4. Fees and charges
4.1 The subscription fee is a flat fee of $10.00 per week as from 22.02.08. In addition to the subscription fee, the user will be responsible for any applicable WAP and GPRS fees imposed by the user's mobile phone network service provider in connection with downloading or receiving material via the Service.
4.2 In addition to the standard fees as indicated in Section 4.1, the user may be charged additional fees when contacting MobileLive in connection with the Service, including but not limited, contacting the help desk to seek assistance with respect to the use of the Service.
4.3 Unless specified otherwise, all fees and charges shall be billed according to the billing method agreed upon by the user and their mobile phone network service operator.
4.4 All fees and charges are subject to change upon notice from MobileLive. MobileLive will provide the user with reasonable notice of such change. If the user does not accept the new fees (which will be applicable on a prospective basis only), the user may cancel his or her subscription.
5. Intellectual Property Rights
5.1 The user acknowledges and agrees that the download(s) made available as part of the Service are owned by MobileLive, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. MobileLive hereby grants, and the user hereby accepts, a limited, non-exclusive, non-transferable, revocable license to download and use the download(s) and the Service on a designated compatible mobile phone solely for his or her own personal non-commercial use.
5.2 The user agrees that he or she 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.
5.3 The user acknowledges that no title to the Intellectual Property Rights is transferred to the user, and that the user does not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
6. Disclaimer, limitation of liability and indemnity
6.1 The Service is provided on an "as is" basis. While MobileLive has used its best endeavours to ensure that the information contained on and accessed through the Service is correct and current at the time of publication, MobileLive does not accept responsibility for any error, omission or defect in the information of the Service. MobileLive shall not be responsible for any incorrect or inaccurate information, whether caused by the user, or by any of the equipment or programming associated with or utilized with the Service, or for any technical or human error which may occur in the course of the operation or administration thereof, including without limitation to, faults with the downloadable content.
6.2 To the fullest extent permissible by law, MobileLive, its affiliated companies and their respective directors, employees, agents and contractors: (a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Service, the users access to the Service or results of the users access, or the information, content, materials or products available through the Service; and (b) Do not warrant that the functions or downloads available through or on the Service will be uninterrupted or error-free, that any defects will be corrected or that the content is free of viruses or other harmful components.
6.3 Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of MobileLive, (its affiliated companies or their respective directors, employees, agents and contractors) will MobileLive, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Service, or arising out of or in connection with the Services.
6.4 The user agrees to indemnify and keep indemnified MobileLive, its affiliated companies and their respective directors, employees, agents and contractors ("those indemnified") in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of the users wilful or negligent act or omission with respect to the your use of the Service (or any part of it) or the violation of these Terms and Conditions by the user, or the infringement by the user, of any intellectual property or other right of any person or entity.
7. Privacy
7.1 Any personal information used or collected in relation to the use of the Service is governed by the MobileLive's privacy policy.
8. Issue Management
8.1 Any questions or complaints should be directed to the Help desk, which can be contacted 9am to 5pm AEST (or AEDST, when applicable in Sydney) on 1300 366 702.
8.2 MobileLive shall investigate a complaint within 30 days of receipt of the relevant complaint if the complaint relates to content. For all other complaints, within 12 months from when the charge was incurred.
9. Termination
9.1 The user can unsubscribe, at any time, by sending STOP to 19711200
9.2 MobileLive may, in its absolute discretion, terminate the user's use of the Service, without assigning a reason thereof, at any time without notice, including with out limitation, if in its reasonable opinion the user has breached this Agreement in connection with supply of the Service to the user.
9.3 Notwithstanding the foregoing, the user has a ten (10) day cooling-off period, in which time the user may terminate this Agreement, by notifying MobileLive in writing that the user does not wish to use the Service. In the event that the user downloads any material within the cooling-off period, and subsequently terminates the contract within the ten (10) day cooling-off period, the user acknowledges and agrees that he or she will be responsible for payment of a reasonable fee for the download of such content to MobileLive.
10. Contact details
10.1 MobileLive can be contacted at PO Box 5635 West End QLD 4101.