Terms And Conditions

By accessing and using this website ("Website"), its content and the Service (as hereinafter defined) you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first use the Website, its content and the Service. SOHOmobile reserves the right to change these terms and conditions at any time by posting changes online without prior notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. By using this Website, its content and the Service you agree in advance to accept any changes. All references to SOHOmobile in these Terms and Conditions other than the reference to the word SOHOmobile as a trademark in the Trademark Notice below shall mean SOHOmobile(TM), a Nextnation Collections Sdn Bhd product.

If you do not agree to these Terms and Conditions, please DO NOT use the Website, its content and the Service.


Description of Service
The service allows you to preview and download via your Short Message Service ("SMS") ringtones, operator logos, caller group icons, picture messages, screen savers, SMS games and text based services such as horoscope, jokes, quotes and directory listings ("Item(s)") on to your download-compatible mobile phone at the price specified by SOHOmobile to you ("Service") from time to time. You are responsible for all charges incurred if you accidentally erase, replace or delete one of the Items by receiving another Item or otherwise.

SOHOmobile currently provides users with access to a rich collection of resources, including mobile content, mobile news and mobile information and entertainment services (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SOHOmobile to provide the Service. You also understand and agree that the Service may include certain communications from SOHOmobile, such as service announcements, administrative messages, the monthly SMS membership fee, and that these communications are considered part of the membership and you will not be able to opt out of receiving them unless you terminate your account. Any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SOHOmobile assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Please be aware that SOHOmobile has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.


Costs for SMS Request for download of Item
Please be informed that you will be charged the standard charges per SMS request for download of Item onto your mobile phone. For downloads of ringtones, graphics and texts, there will be an additional charge upon delivery of the same item. Please check against the specific download item price here. If the mobile phone does not belong to you or if someone else is paying the mobile phone bill please obtain that person's consent prior to using the same.


Equipment
You will need to provide all mobile phone equipment required to use the Service and you will be liable to pay SOHOmobile for all costs incurred using the Service.

You will need to provide all equipment necessary to access the Website, its content and the Service on the World Wide Web and be liable for payment for the telephone call charges at the rates published by the telephone operator with whom you make your calls.

This Service is only available to Maxis (012, 017), DiGi (016) and Celcom (013, 019) post paid mobile and prepaid mobile services users respectively. By using the Service you confirm that you understand that your mobile phone must support the Item download function for the Service to operate. For the purpose of downloading ringtones, your mobile phone must support the respective ringtone format standard. If you are unsure whether your mobile phone supports the ringtone format standard, please consult your mobile phone handbook or call 03-74944832/5. SOHOmobile cannot be held responsible should you attempt to download an Item onto an incompatible phone and you will be charged regardless.

To discover whether your mobile phone can support the ringtone format standard, you may also refer to the Phone Compatibility Guide on the Website.


Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SOHOmobile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SOHOmobile 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) and you agree to forfeit all credits accrued under the service. SOHOmobile is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must give their children permission to use the service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.


Delivery of Service
After receiving your download request via SMS, SOHOmobile will send the Item to the given telephone number. If your download request via SMS is insufficient or incorrect or if SOHOmobile for any other reason considers it necessary, SOHOmobile has the right to decline to send the Item without further notice to you. SOHOmobile shall not be liable in any way for failures, defects or delays in the delivery of the Item, which are caused by one or more of the following reasons:

your phone does not support the specific item format: Nokia Smart Messaging Standard (NOK), EMS iMelody (iMelody), Motorola Ringtones SMS (MRS) and Ericsson Melody (eMelody) service (for download of ringtones), your phone does not support SMS, your phone is out of range or for some other reason cannot be reached, or some other failure which is not due to SOHOmobile occurs in communication or otherwise.


Termination and Suspension
SOHOmobile reserves the right to cancel, withdraw, terminate or suspend the Website, its content and the Service for any reason whatsoever at its sole discretion without notice to you. You agree that SOHOmobile shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.


Copyright Notice
This Website, its contents and the Service including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes by SOHOmobile or its content suppliers and are protected by copyright, trademarks and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website and the Service are the exclusive property of SOHOmobile or its content supplier and protected by copyright. All software used on this website is the property of SOHOmobile or its software suppliers and protected by copyright.


Content Submitted or Made Avalaible for Inclusion On The Service
SOHOmobile does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SOHOmobile the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of SOHOmobile, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SOHOmobile removes such Content from the Service.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SOHOmobile removes such Content from the Service.

"Publicly accessible" areas of the Service are those areas of the SOHOmobile of properties that are intended by SOHOmobile to be available to the general public.


Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SOHOmobile, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SOHOmobile does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SOHOmobile be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.


Trademark Notice
This Website and its content includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word "Mobileku" the word "SOHOmobile" and the "Mobileku" Logo. Unless otherwise indicated, they are owned by (Nextnation Collections Sdn Bhd) and are used under authority by SOHOmobile and may be the subject of rights in other countries.

You may not use such trademarks or names, except as permitted in these Terms and Conditions or otherwise with the lawful owner's prior written permission. This Website, its content and the Service may also contain the trademarks of content suppliers which are protected by law, and you may not use these trademarks.


No Implied Licenses
Nothing contained in this Website, its content and the Service shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright (except as expressly provided in these Terms and Conditions) or any proprietary rights of SOHOmobile or its licensors.


Use of Website and Service
The materials used and displayed on this Website, its content and the Service may not be copied, reproduced, republished, downloaded, posted, distributed, disseminated, sold, published, broadcast or transmitted in any way except for your own personal non-commercial use. Any other use requires the prior written permission of SOHOmobile. You agree not to adapt, alter or create a derivative work from any of such materials or use them for any other purpose other than for your personal non-commercial use. You agree to use this Website, its content and the Service only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website, its content and the Service by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harrass or cause distress or inconvenience to any person. You will be responsible for and indemnify and hold harmless SOHOmobile, it"s related and affiliated corporations, and their respective agents and representatives against any claim arising from any unlawful use of this Website, its content and the Service by you.


Linked Sites
This Website may contain links to third party sites. SOHOmobile, its affiliated and related corporations are not responsible for the condition or content of those sites as they are not under SOHOmobile, its related or affiliated corporations' control. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorisation or sponsorship by SOHOmobile, its related and affiliated corporations' of those site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. SOHOmobile is not responsible for any transactions you may perform on those sites.


Disclaimer
Notwithstanding anything contrary to these Terms and Conditions, this Website, its content, the Service, the information, names, images, pictures, logos, audio and icons regarding or relating to SOHOmobile, its products and services or to third party products and services, is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. SOHOmobile, its related and affiliated corporations disclaim and exclude all warranties relating to the Service, content, information, services, products or materials included on this Website including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. In no event shall SOHOmobile, its related and affiliated corporations, their respective agents and representatives; suppliers, vendors or merchants who have a presence on this Website be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your access, use of, or your inability to access or use the Website, its content and the Service.

SOHOmobile, its related and affiliated corporations do not warrant that the functions contained in the material contained in this Website, its content and the Service will be uninterrupted or error free, that defects will be corrected, or that this Website, its content, the Service and the server (s) that makes them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.


Miscellaneous
If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this Website, its content and the Service relating to specific material then the latter shall prevail.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this Website, its content and the Service shall be exclusively subject to the jurisdiction of the courts of Malaysia. If these Terms and Conditions are not accepted in full, the use of this Website, its content and the Service must be terminated immediately. This Website, its content and the Service may be accessed throughout Malaysia and overseas. SOHOmobile, its related and affiliated corporations make no representation that the content of this Website and the Service complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this Website, its content and the Service from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.


SOHOmobile Rules of Acceptable Use
You further undertake NOT to use the Website, its content and the Service in a manner that may infringe the rights or restrict the use and enjoyment of the Website, its content and the Service by any third party, and this includes: conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racial or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation; use of material in a manner which infringes any copyright, trademark or any intellectual property right; use of material protected by trade secret without due authorization; impersonating any person or entity including but not limited to a SOHOmobile official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity; unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network; monitoring without authority data or traffic on any network or system; using or attaching any viruses, Trojan horses, time bombs, worms, cancelbots or like devices which could damage, interfere, intercept or expropriate any system; or interfering with the service of any user, host or network including but not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on SOHOmobile system(s); circumventing any user authentication or security of any host, network or account (cracking or hacking); and reselling or providing the Website, its content and the Service or any part thereof to another person or entity for profit or otherwise. SOHOmobile may in its absolute and unfettered discretion delete or amend the Website, its content and the Service and remove or refuse anything that violates the above acceptable use. SOHOmobile reserves the right to investigate potential abuses of the SOHOmobile Rules of Acceptable Use and SOHOmobile will fully co-operate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant authorities. SOHOmobile further reserves the right to suspend or terminate your account or right to access the Website, its content and the Service if is discovered that you have violated or attempted to violate any term of the SOHOmobile Rules of Acceptable Use.


SOHOmobile Privacy Statement
At SOHOmobile, we recognise that you are a unique individual with your own distinct preferences. Our aim is to provide you with information and services which are most relevant to you. In order to achieve this, we need to get to know you and collect information to understand what differentiates you from each of our other users. We may collect information about you in the following way.


Cookies
We may track your visit to this Website, its content and the Service by giving you a "cookie" when you enter. Cookies are pieces of information that websites transfer to your computer's hard drive for record-keeping purposes. SOHOmobile may use cookies to make visiting our websites and our partner sites easier. Cookies allow us to save passwords and preferences for you so that you will not have to re-enter them the next time you visit. Cookies also help us track user trends and patterns. Cookies also help us collect anonymous click stream data for tracking user trends and patterns. In addition, third party advertising networks may issue cookies when serving advertisements. The use of cookies is now an industry standard, and you will find them used on most major web sites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You should understand that areas of certain sites will not function properly if you set your browser to not accept cookies.


Use of Personal Information
Any personal information you provide to SOHOmobile on this Website is maintained and accessible only by SOHOmobile, its related corporations or affiliates. SOHOmobile may use this information to offer you the opportunity to receive notices regarding other SOHOmobile products or services or products or services of SOHOmobile's related and affiliated corporations and to further personalize your SOHOmobile experience. SOHOmobile may also use this information to send materials to you for marketing purposes, but SOHOmobile will take commercially reasonable steps to safeguard the information from unauthorised access, and unless we specifically disclose it to you at the time of collection, we will not make customer specific information that is gathered available to unaffiliated organisations for commercial purposes unrelated to the business of SOHOmobile and its related and affiliated corporations. We may use only the anonymous click stream data to help our advertisers deliver better-targetted advertisements. SOHOmobile will not disclose any information about any individual user except to comply with applicable law or request or directive from any regulatory authority or governmental body or agency or other valid legal process or to protect the personal safety of our users or the public.


Sharing of Information
The individually identifiable information that you provide, if any, will be used extensively within SOHOmobile and its related and affiliated corporations to provide a personalised experience to you. Except as described in this Privacy Statement, SOHOmobile will not willfully disclose individually identifiable information about its users to anyone outside SOHOmobile's related or affiliated corporations without first receiving that user's permission, preventing this information from appearing in unauthorized mailings and other solicitations. Any modifications to this statement will be posted in this space. We welcome any questions or comments you have; please direct them through this form http://www.nextnationnet.com/contact/. Your experience is extremely important to us and we respect your rights.


Indemnity
You agree to indemnify and hold SOHOmobile, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SOHOmobile I.D.), use of the Service, or access to the Service.


General Practices Regarding Use and Storage
You agree that SOHOmobile has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SOHOmobile reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SOHOmobile reserves the right to modify these general practices and limits from time to time.


Modifications to Service
SOHOmobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SOHOmobile shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


Termination
You agree that SOHOmobile may, under certain circumstances and without prior notice, immediately terminate your SOHOmobile account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your SOHOmobile account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in SOHOmobile's sole discretion and that SOHOmobile shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.