These conditions apply to the
sale of sounds, graphics or software (subsequently referred
to as the Services) designed for mobile phones to the
Customer, via a download platform.
The conditions of use and pricing
schedule applicable to the Service are those of the
telephone operator. Payment for the download is made
via the Customer's telephone operator invoices.
The call cost depends on the
national telephone operator's applicable pricing schedule
for the country in which the call is made.
Services are sent to the mobile
phone number provided by the Customer during their phone
call. 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, and text messaging 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
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. This reference will only be
valid for thirty minutes after it has been assigned.
After thirty minutes, the Customer will need to repeat
the selection process.
Once the Customer has confirmed
and used one of the payment methods proposed by MEDIAPLAZZA,
MEDIAPLAZZA 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
The Customer must respect his
or her telephone operator's SMS or WAP reception conditions.
The Customer must also ensure that the mobile phone
on which the graphic and/or music is to be downloaded
is compatible with the service in question.
Ring tones, graphics or software
not delivered within 30 minutes of purchase will be
automatically deleted; the customer will still be responsible
for all charges. Each phone can only store a limited
number of ring tones, graphics or software.
If the customer purchase a ring
tone, graphic or software and the receiving phone's
memory does not have any available storage slots, the
customer will be charged for the download and one of
the existing ring tones or graphics will need to be
deleted in order to store the new item.
MEDIAPLAZZA cannot be held responsible
for bad reception or failed reception if the Customer
has not respected these conditions.
MEDIAPLAZZA grants the Customer,
or the owner of the mobile phone to which these Services
have been downloaded, a non-exclusive, non-transferrable
license for personal use of downloaded Services. Copy
or transfer of downloaded Services for group or commercial
use is not authorised.
MEDIAPLAZZA is solely responsible
for delivering the Service to the mobile phone operator's
SMS or WAP transmission platform.
In compliance with the French
law "loi informatique et liberté" of January 6th 1978,
Customers have the right to access, modify or delete
their personal data which has been obtained by MEDIAPLAZZA
during use of the service. The customer may exercise
this right by sending a message to firstname.lastname@example.org.
Personal data collected on the site is used by the MEDIAPLAZZA
company and its partners.
The Customer bears the sole and
exclusive responsibility for the use of this service.
The Services sent by the Customer are intended for personal
use. The Customer guarantees and certifies not to use
this Service to send graphics of a nature which would
infringe on current local provisions.
If a Customer cannot receive
the selected service, they may contact the Mediaplazza
support service by telephone or e-mail (e-mail address
email@example.com). If the Mediaplazza support
service determines that it is impossible for the Customer
to use the service, and if the customer can prove that
he/she has respected all the pre-requisite to receive
the service, Mediaplazza will proceed with the refund
within one month of receiving the Customer's itemized
phone bill figuring the call concerning the attempted
Subject to applicable regulatory
provisions, the Services and other elements available
for downloading are provided "as is", and access to
them depends on the availability of the Service without
express or implied warranty on the part of Mediaplazza.
The risk of its use is assumed by the Customer, under
their full responsibility. Mediaplazza does not guarantee
that Services proposed will fully meet the Customer's
expectations. In no event shall Mediaplazza be held
liable for any damage to the customerr computer or mobile
phone, or loss of data. Advice or information, either
written or verbal, obtained by the Customer cannot be
construed as a warranty of any kind if it has not been
explicitly provided for in these terms.
Under no circumstances shall
Mediaplazza be liable for any direct, indirect, incidental,
third party or consequential damages resulting from
the use or the impossibility of use of the Services.
All these provisions are subject
to French law. In the event of a dispute, the
Paris courts shall have sole jurisdiction.