ARTICLE 1: SUBJECT

MEDIAPLAZZA.com (hereinafter referred to as "MEDIAPLAZZA") offers Client access to a paid for downloading service for personalising mobile telephones via a downloading system (hereinafter referred to as the "Service").
These General Sales Conditions determine the conditions of access and use of the Service including the sale of the Content. Simply by using the Service, Client is deemed to have accepted these General Sales Conditions.

ARTICLE 2: SERVICE ACCESS CONDITIONS

Access and use of the Service is reserved for people over the legal age of majority.
In the event that the Client is a minor, Client states and recognises that he/she has received prior authorisation from their parent or guardian(s) to subscribe to and use the Service. The parents or guardians have agreed to guarantee that Client respects all the requirement of these General Sales Conditions. The parents or guardians are advised to monitor the use made by their charges of the access to the Service and bear in mind that the Service has been designed for a broad cross-section of the public. As the person legally responsible, it is the parent's or guardian's responsibility to decide whether or not the Service is suitable for their child(ren) and to monitor the use they make of it. In order to gain access to the Service, the Client must:

• respect the manufacturer's and operator's conditions of use for the terminal ,
• ensure that the terminal is switched on in a zone where there is a signal and that it can receive text messages,
• ensure that the telephone's memory is not full,
• ensure that the telephone and the required Content are compatible, especially the configuration of the WAP, SMS and MMS connection from the mobile terminal,
• and generally ensure that the terminal is configured to allow the Content to be downloaded and this may vary depending on the Content.

The Content is sent to the mobile telephone number indicated by Client at the time of purchase.
Content can be downloaded from cell phone networks in the countries where the Service is offered provided Client respects the Service access conditions herein.

ARTICLE 3: CONDITIONS FOR USING THE SERVICE

Client must select the Content of his/her choice on the Internet site to use the Service.
Once the selection has been made, a new window opens which specifies the different methods of payment and the reference code for obtaining the Content is displayed. The reference code is valid for 10 minutes from the moment it is created. At the end of this 10 minute period, Client has to repeat the Content selection process.
Client must then follow exactly the instructions, especially:

• select the country from which the Content will be downloaded,
• select the make and model of his/her mobile telephone or the mobile telephone for which Client wants to buy the Content,
• depending on the country, select the network operator concerned,
• select a means of payment from those proposed on the Service,
• if necessary, indicate the number of the mobile telephone to which the Content is to be sent.

Once all this information has been completed, MEDIAPLAZZA will redirect the selected Content to the transmission system of the telephone operator. The latter will redirect the Content to Client's mobile telephone using a text message (SMS) or a WAP link depending on the selected Content.
The time taken to receive the Content depends on the processing speed of the telephone operator's system.
Downloading the Content onto Client's mobile telephone should be done in according to the instructions, the coverage conditions, the configuration and the availability that are specific to each telephone operator.
Client is advised that in the event or an error in the choice or the information provided, the price of the Service will be debited from them even if Client's mobile telephone is not able to execute the selected Content.
For subscription services offered by MEDIAPLAZZA, once Client has received the Content, he/she will be invited will be invited regularly, as shown for the service, to download other Content offered by MEDIAPLAZZA if they wish.

ARTICLE 4: PRICES AND PAYMENT

The applicable prices for the Services are shown on the Service offers presentation screens. These prices are expressed in different currencies depending on the country and are tax inclusive.
Any change to the legal rate of VAT will be automatically applied to the Service price on the applicable date in the regulations of the country concerned. The price that applies to the selected Content and the selected payment method can change and Client is reminded of this is the order summary window. Payment for downloading Content is by direct debit on Client's telephone operator's bill (mobile telephone operator for downloading via SMS, landline telephone operator for downloading via interactive vocal server) or by Client's internet access provider for downloading via Internet +.
Client is reminded that in accordance with article L. 121-20-2 of the Code de la Consommation (French consumer law), article L. 121-16 of the same code concerning a 7-day 'cooling off' period where consumers can retract, does not apply to the Services offered by MEDIAPLAZZA when Client has started using the Service before the end of this 7-day period. In order to exercise his/her right of retraction, Client should send an e-mail to MEDIAPLAZZA at support@mediaplazza.com or by post to the address shown below. Client is informed that by entering its phone number, Client allows MEDIAPLAZZA to propose to him offers on the products and services MEDIAPLAZZA sells on its own behalf or through publishing partners.

ARTICLE 5: CLIENT'S RESPONSIBILITIES

Client agrees when making a purchase to provide full and honest information.
Client is authorised to use the Service and order Content for personal use only.
Client is forbidden from using the Service for professional, commercial or promotional purposes. Client is also forbidden from:

• selling, transmitting, transferring reproductions, offer, make available, rent or give the Content or any element of the Service,
• publishing, whether on-line or not, or distribute any image, sound, game, graphic, clip-art, animation or any other element from any Content or any part of the Service,
• using the Content or any of the elements making up the Service in any public place,
• using the facilities and capacities of the Service to perform or suggest any activity that is against the law,
• attracting Clients of the Service to other competing services,
• using the Service in a way that could directly or indirectly damage the intellectual property rights of MEDIAPLAZZA or a third party which may specifically fail to respect the honour, family or personal privacy or image of a third party or morality,
• extracting by a permanent or temporary transfer of all or a significant part (quantitatively or qualitatively) of the Content or the database making up the Service onto another support by any means and in any format whatsoever as well as re-using by public communication of all or a significant part (quantitatively or qualitatively) of the Content of said base in any form whatsoever,
• trying to perform one of these actions.

Client is also the sole person responsible for the information transmitted when using the Service and agrees in this respect to respect the current legislation. Consequently, MEDIAPLAZZA can not be held responsible for anything that is due to Client's non-respect of the current legislation and the above conditions.

ARTICLE 6: INTELLECTUAL PROPERTY

Client is advised and specifically recognises that all the Content, document, graphic or software offered as part of the Service and more generally, the whole of the Service is protected by intellectual property laws and are the property of MEDIAPLAZZA and its rights-holders.
Specifically, all rights are reserved to all music copyrights, composer's and printer's rights to the works distributed and reproduced on the site.
Any use of said works other than to listen to them or consulting them for private purposes and downloading to use as a mobile telephone ring tone is forbidden.
The authorisation conceded to Client to download the Content in return for a payment does not give Client any ownership nor right of ownership which remains reserved to their authors and rights-holders.
This authorisation is strictly limited to a single downloading onto Client's mobile telephone and is non-exclusive, non-saleable and non-transmissible. Any other use is specifically forbidden. Client is not authorised to copy, reproduce, translate, extract, change, create derived products from any element that is part of the Service.

ARTICLE 7: MEDIAPLAZZA's RESPONSIBILITIES

The Service offered by MEDIAPLAZZA requires the use of complex technologies and MEDIAPLAZZA does not guarantee the result nor accept such a guarantee in respect of the Service where MEDIAPLAZZA's sole guarantee is an obligation of means.
MEDIAPLAZZA will use its best efforts to ensure that the Service is permanently accessible apart from cases of force majeure, events that are beyond its control and maintenance operations to ensure that the Service operates correctly.
Without prejudice to the preceding, Client, realises that the Service is provided 'as it is' by MEDIAPLAZZA and with no implicit or explicit guarantee of any sort, specifically in terms of Client's complete satisfaction.
Client also recognises that he/she can not hold MEDIAPLAZZA liable in the event that he/she considers that the Service and/or its Content do not conform to what he/she expected. Notwithstanding the complete exoneration stipulated elsewhere in these General Conditions, MEDIAPLAZZA are specifically not liable in the following situations:

• difficulties in accessing the Service due to the total or partial non-respect of an obligation by Client, use of inappropriate terminal equipment for the Service or Content by Client, telecommunication network failure and/or saturation or for reasons due to third parties, especially the telephone operators,
• contamination of the Content, the Service or Client's equipment by a virus or any other risk factor or other unwanted third party intrusion despite reasonable security measures being put in place by Client and by MEDIAPLAZZA,
• Incorrect use of the Service by Client,
• damages that may occur to Client's equipment which are entirely his/ her responsibility,
• non-respect of third party rights by Client especially intellectual property rights and copyright,
• technical availability and/or content present on webpages to which Client may have gained access via a hypertext link on the site operated by MEDIAPLAZZA.

Specifically, MEDIAPLAZZA is not responsible for any interruptions to the Service for reasons which are not directly due to MEDIAPLAZZA and/or which escape its control, e.g. a failure of the telecommunication system.
As part of providing the Service, MEDIAPLAZZA is obliged to use third party services and distribution networks over which it has no control. MEDIAPLAZZA can not be held responsible, especially for delays in distributing the Content ordered by Client, permanent or temporary interruptions to the transmission of data to Client's mobile telephone, nor for any other service provided by a third party.
MEDIAPLAZZA may suspend the Service for maintenance purposes for periods that will not normally be longer than 48 hours without Client having any right to compensation. MEDIAPLAZZA can at any time stop providing the Service either partially or completely.
MEDIAPLAZZA can not be held responsible for the content of sites and web pages that are accessible via hypertexts or banners within the Service. It is specifically agreed that in the event that MEDIAPLAZZA is held to be liable, whatever the circumstances the liability will be limited to only the direct prejudices and all indirect prejudices are excluded whatever they may be (e.g. disappearance, loss or deterioration of data and/or any damage that may change Client's equipment).

ARTICLE 8: PERSONAL DATA

Client has exclusive responsibility for the data that he/she communicates.
As required by law no. 78-17 of January 6th 1978 concerning IT, files and liberties, Client is advised that the information provided as part of the Service are necessary for using it. These data are destined exclusively for MEDIAPLAZZA.com and its contractual partners for the purposes of supplying the Service.

Client has a right of access, correction and objection that he/she can exercise by sending an e-mail to the following address: support@mediaplazza.com.
Client is also reminded that if he/she does not want to receive offers from MEDIAPLAZZA about its products, Client can send the word 'STOP' in his/her first SMS before entering the code that corresponds to the content that he/she want to download or, send an SMS containing the word 'STOP' to the short number shown on the website at any time.

ARTICLE 9: TERM

The term of these General Conditions is limited to the time that Client uses the Service. For the subscription services offered by MEDIAPLAZZA, Client is advised that the subscription term for such services may be limited, depending on the operators, to a maximum amount of expenditure in a given period.
In this case, as soon as this limit is reached, Client's subscription to the subscription service is automatically terminated unless Client specifically communicates his/her intention to renew it.
Client has the right to terminate the subscription at any time:

• by sending the keyword "STOP" to the short number shown on the website.
• by sending an e-mail to MEDIAPLAZZA client support at: support@mediaplazza.com or by post to: MEDIAPLAZZA.COM – service client – 50/64 avenue François Arago 92000 NANTERRE France.

MEDIAPLAZZA reserves the right to change the conditions that apply to the Service and/or terminate the Service at any time.

ARTICLE 10: CLAIMS

If Client is not able to receive the selected Content, he/she can contact MEDIAPLAZZA's technical support by par e-mail at the following electronic address: support@mediaplazza.com. If MEDIAPLAZZA's technical support decides that it is impossible for Client to use the Service and if Client can demonstrate that he/she has respected all the stages required for receiving the Content ordered, MEDIAPLAZZA will make a refund within a month of receiving Client's detailed telephone bill which includes the call charge related to the downloading concerned.

ARTICLE 11: APPLICABLE LAW AND JURISDICTION

These General Conditions are subject to French law.
With the reserve of the application of article 48 of the Nouveau Code de Procédure Civile (French civil law), any dispute concerning the interpretation, execution and/or validity of these General Conditions will be determined by the PARIS Courts whether or not defendants are several or recourse against guarantor for all processes whether adversarial or not and even in the event of urgent procedures.

ARTICLE 12: DIVERS

The Parties agree that their relations are governed exclusively by these General Conditions and by any special conditions that may be applicable depending on the Service proposed. MEDIAPLAZZA reserves the right to change or develop the Service at any time and those General Conditions that apply to it. Client should consult the General Conditions regularly and prior to each downloading of Content in order to be aware of any changes that may have been made.
These changes apply as soon as they go on-line.
Use of the Service implies full and unreserved acceptance by Client of any revision / change to these General Conditions.

CONTACT:

MEDIAPLAZZA.com Société par actions simplifiée (simplified share issuing company) capitalised at 154,000 Euros
Registered Office: 86 avenue des Ternes
75 017 Paris, France - Paris company registry 430 325 811
VAT no.: FR 80430325811
Tel: 0811 20 28 29

CUSTOMER CARE HOTLINE:

Australia: For help call Sydney 02 80220777. To stop ads sent STOP to 19999444.
UK: Hotline 08707370030. to stop ads send STOP to 83033 or to 81600.
Belgium: Hotline 0800 36 222
Switzerland: Hotline 0800998998
Mexico: Hotline 1 800 536 7636
Norway: Hotline 095004549
Sweden: SC 72777 Hotline 08-568 66 555
-SC 72626 Hotline 084111105