Gozomo Terms of Use Agreement - Botwana

IMPORTANT - BY USING THIS WEBSITE (The “SITE”) INCLUDING SELECTING THE YES OPTION WHEN YOU DOWNLOAD ANY MATERIAL FROM THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms are the terms of an agreement ("Agreement") between you and Gozomo. (the “company”) which govern your use of the Site and all Downloads (as defined below) from the Site (collectively, the "Service").

By your use of the Service you represent that (a) you have read and understood this Agreement and agree to be bound by its Terms, (b) you are the person or entity responsible for the wireless account associated with the mobile number provided, (c) you are responsible for all services used through that wireless account, and (d) you are at least 18 years of age.

If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the download process by clicking on “CANCEL”.

NOTICE
The Company may from time to time amend, supplement or modify the Terms and will post a copy of such amended Agreement on this website. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, you agree that your sole remedy is to cease using the Service by texting “STOP” to 16222. Your continued use of the Service constitutes your agreement to be bound by the amended Agreement.

DESCRIPTION OF SERVICE
The Service is available via supported wireless devices, making available to you downloadable data, messages, chat services, information and mobile entertainment, such as ringtones, voice mail, games and graphics (collectively, the "Downloads").

USE OF SERVICE
You agree that you will not allow unauthorized individuals to use your account as identified by your cellular phone number.

You agree to indemnify and hold harmless, the Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable against any improper, unauthorized or illegal uses of your account.

The Company shall be entitled to rely on the assumption that the person or entity responsible for the wireless account for mobile handset to which content is downloaded is responsible for all use of the Service through that wireless account. The Company will not issue refunds to persons or entities claiming that they did not authorize the use of their wireless account to receive a Download.

You acknowledge that certain Downloads accessible via the Service will only be supported by certain types of wireless device. For example, to download a polyphonic ringtone, you must have a wireless device that (a) supports polyphonic ringtones, (b) supports text messaging, and (c) has a plan that supports wireless Internet access. Similarly, to download a monophonic ringtone, your wireless device must support monophonic ringtones and your plan must support text messaging. If you attempt to download any Download that cannot be supported by your wireless device, you agree that you will not be entitled to any refunds or credits. If you fail to receive a Download because of network congestion or unavailability, you may contact the Company at help@smshelp.info, and the Company will redeliver such Download. In no event will the Company provide any refunds to you for the inability to download any Downloads.

You may use the Service only in accordance with the Terms of this Agreement and any amendments, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.

The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service, including the Downloads. For example, you may not copy or distribute the Service or the Downloads in any manner not expressly authorized by the Service.

You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads. You agree to advise the Company promptly of any such unauthorized use(s) or attempt(s). You understand and acknowledge that the Downloads made available as part of the Service are owned or licensed by the Company or its affiliates.

The Company grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads to your compatible device solely for your own non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads except as expressly provided in this Agreement. You understand and agree that you may not authorize, encourage or allow any Downloads used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them.

Please direct any questions concerning the Service  to  the Company’s Customer Service department by e-mail to: help@smshelp.info

CHARGES / BILLING
By requesting a Download, you authorize your wireless carrier to charge appropriate fees directly to your wireless service bill.

You agree that your wireless carrier is authorized to collect any applicable taxes and impose any applicable premium surcharges that may apply to the use of certain features of the Service.

The Company may include in the Service the ability for you to make electronic purchases. You acknowledge and agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by these Terms and any additional terms in relation to such purchases. You may withdraw your consent to enter into such electronic agreements by giving written notice to the Company. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that the Company shall not be responsible or liable to you for those third party products or services purchased by you.

OBJECTIONABLE OR EXPLICIT CONTENT
The Company is not responsible to you for any content or materials contained in all or part of any Download or any other aspect of the Service that you might find objectionable.

INTERNATIONAL CONSIDERATIONS
Currently, the Service is only available to residents of Botswana. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of Botswana . You agree to abide by Botswana and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

COOKIES
The Company allows the use of cookies, similar to an Internet browser. This allows the Company to set cookies for you when you view any of the Site’s content, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access the features and some Company services may not function properly.

COPYRIGHT INFORMATION
The Service, including the Downloads, and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. Your rights with respect to your use of the same are governed by the Terms of this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. Your use of the Service and the Downloads is under license; you will not obtain any ownership rights in the Service or Downloads through this Agreement.

NOTICES
The Company respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please send a notice to the Company’s Customer Service department by email to help@smshelp.info. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and email address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf (all of this collectively is a "Notice").

VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If  the Company (a) receives a Notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates the intellectual property rights of the Company or others, the Company may, in its sole discretion, suspend or terminate your account with or without notice to you. If the Company suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and the Company will not refund any portion of your fees charged to date.

TRADEMARK
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of the Company and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

PROMOTIONS AND ADVERTISING
The Company and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Company promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You acknowledge that neither the Company nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties.

LINKS TO THIRD-PARTY SITES
The Service may present links to retailers and/or other third-party websites not owned or operated by the Company. These links are provided only as a convenience to you. Neither the Company nor its business partners are responsible for the availability of these third party sites or the content on those sites. You acknowledge that neither the Company nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.

MODIFICATIONS TO SERVICE
The Company reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither the Company nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

REMEDIES
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to the Company and/or its affiliates or licensors for which money damages would be inadequate, and in such event the Company, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that the Company, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

INDEMNITY
You agree to indemnify and hold harmless the Company, its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.

TERMINATION, CANCELLATION AND PLAN CHANGES
The Company may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you if you breach (or if the Company reasonably suspects that you have breached) any provision of this Agreement. If the Company terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and the Company will not refund any portion of any fees paid by you for the use of the Service. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with the Company. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of this Agreement or the Company's enforcement or application of the same; (b) any policy

or practice of the Company, including its Privacy Policy, or the Company's enforcement or application of these policies; (c) the Downloads; (d) your use of and/or ability to access and use the Service; and (e) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

The Company will not refund any fees, if it turns out that the requested ringtone is not compatible with your handset. It is your responsibility to test if your phone is compatible with monophonic, polyphonic and/or truetone ringtones.

DISCLAIMERS
You understand and agree that your use of the Service and the Downloads is at your own sole risk. THE SERVICE AND THE DOWNLOADS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY THE COMPANY OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "COMPANY’S ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANYAND THE COMPANY’S ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY THAT THE SERVICE OR THE DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY AND/OR THE COMPANY’S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE DOWNLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY AND/OR THE COMPANY’S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE DOWNLOADS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO THE COMPANY AND/OR THE COMPANY’S ENTITIES AS APPLICABLE.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND/OR THE COMPANY’S ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE DOWNLOADS.

UNDER NO CIRCUMSTANCES SHALL THE COMPANYAND/OR THE COMPANY’S  ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE DOWNLOADS, EVEN IF THE COMPANY AND/OR THE COMPANY’S ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF

THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY AND/OR THE COMPANY’S ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY

AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100/

LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with the Company with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company’s failure to pursue any available claim or defence pursuant to this Agreement will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

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