TERMS
WELCOME TO tonzmania.com! These Terms constitute a legal "Agreement"; please read them carefully. By completing the registration process on our website located at www.tonzmania.com OR by subscribing for mobile content to a mobile device (each a "Subscription"), you agree to subscribe to the Poly Ringtones, True Tones, Wallpapers, and Themes service-offered only to, and supported by AT&T, Verizon Wireless, T-Mobile, Sprint PCS and Alltel users to receive 5 Poly Ringtones credits/mo.; a fee of $9.99 per month (or $6.99 per month for Virgin Mobile USA). Themes are not available to Verizon Wireless customers. This fee will be billed to, or deducted from, the mobile account or the prepaid balance you identified until you send "STOP" to 62637 to cancel subscription. Message and data rates may apply. For help please send "HELP" to 62637.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("Terms") and the Privacy Policy ("Privacy Policy") CAREFULLY BEFORE YOU REGISTER ON THE www.tonzmania.com WEBSITE ("Website") OR BEGIN USING ANY SERVICES OBTAINED FROM SUCH WEBSITE. By clicking the "Register" [or "Continue"] button displayed anywhere on the Website, or by using any services available (whether now or in the future) from the Website ("Services"), you signify that you have read and understood these Terms and that you agree to be bound by these Terms, which will govern the relationship between Talking Sky FZ-LLC, Inc. ("Talking Sky FZ-LLC") and you with respect to your use of the Website and the Services. If you do not agree to these Terms, do not click the "Register" button and do not use any Services.
- Modifications to Terms. Talking Sky FZ-LLC 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 62637, or otherwise contacting Talking Sky FZ-LLC to discontinue the Service. Your continued use of the Service constitutes your knowledge and acceptance of this Agreement and any modifications or amendments to any non-price terms of the Agreement, and you expressly consent and agree to be bound by the amended Agreement. To be sure, your subscription price will not be changed absent your express consent.
Any modified version of these Terms will become effective ten (10) days after such modified version is posted at www.tonzmania.com/terms.go. By continuing to use any of the Services after such ten (10) day period has elapsed, you are indicating your acceptance of such modified version of these Terms. You are encouraged to visit www.tonzmania.com/terms.go periodically to familiarize yourself with the most current version of these Terms. - Modifications to Service. Talking Sky FZ-LLC 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 Talking Sky FZ-LLC nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
1. Permitted Users
You represent that (a) you are at least eighteen (18) years of age AND (b) you are of legal age to agree to these Terms and the Privacy Policy, or you have your parent's permission to access and use the Website, to provide personal information to Talking Sky FZ-LLC and otherwise complete the registration process on the Website, and to order, purchase and use the Services. You also represent that you are a resident of the United States. If you are under eighteen (18) years of age, you are not a United States resident, or you do not meet any of the other criteria set forth in this paragraph, you may not register on or use the Website, and you may not use any of the Services.
2. Description of Services
The Services consist of providing mobile entertainment content, including ringtones, games, graphics and text alerts (collectively, "Mobile Content"), by way of SMS, MMS, WAP, the Internet or other means of delivery. Services are provided by Talking Sky FZ-LLC through automatically renewing subscription plans ("Subscription Plans") whereby Talking Sky FZ-LLC sends certain types of Mobile Content on a periodic basis or permits users to download certain types of Mobile Content, in each case subject to certain limitations. Talking Sky FZ-LLC may, at its sole discretion and without notice to you, change any Subscription Plan, including by adding, removing or modifying any Mobile Content (or any particular type or category of Mobile Content) available through any Subscription Plan. No such change will entitle you to any refund of any Fees paid by you for such Subscription Plan, and Talking Sky FZ-LLC will not otherwise have any liability in connection with any such change.
3. Carrier and Device Requirements
To use the Services, you must have access to the network of a mobile communications carrier for which Talking Sky FZ-LLC makes the Services available ("Carrier"). You are solely responsible for paying all service, network access, messaging and other fees charged by your Carrier. You acknowledge that, depending on your Carrier, some Services and Mobile Content may not be available to you. For example, no games will be available to you if your Carrier is T-Mobile.
In addition, you must own or have the right to use, and you must maintain in good working order, a cellular telephone or other device that is compatible with the Services (such device, including all software on such device, "Device"), and your Device must have all software necessary to connect to and use the Services. By registering on the Website or using any of the Services, you represent and warrant that you are the owner of, or have explicit permission to use, your Device, and that you have the right to incur charges to be billed to your Device. Talking Sky FZ-LLC will not be responsible for any damage to or loss of your Device. You shall ensure that your Device does not interfere with the operation of any Services. Talking Sky FZ-LLC reserves the right to disconnect and terminate the Services if your Device is found to be causing any such interference. You are responsible for enabling certain features and functions of your Device and mobile communication service, such as data connectivity and text messaging, that are required to use the Services. Talking Sky FZ-LLC makes no representations or warranties as to the compatibility of your mobile communication service or your Device with the Website, any Services or any Mobile Content. Your Carrier may impose limitations on delivery of certain types of content, so you should check with your Carrier to determine whether any limitations will preclude or otherwise affect your use of any Services or Mobile Content.
4. Subscription Periods
Each Subscription Plan to which you subscribe, whether at the time of registration or thereafter, will commence at the time you purchase your subscription and will remain in effect for the subscription period (e.g., one week or one month) specified at the time of such purchase ("Subscription Period"). Thereafter, your subscription to the Subscription Plan will automatically renew for additional, consecutive Subscription Periods until terminated pursuant to these Terms.
5. Credits
Certain Subscription Plans ("Credit-Based Plans") entitle you to receive a number of credits for redemption during each Subscription Period ("Credits"). For each Credit-Based Plan to which you subscribe, you will receive during each Subscription Period the number of Credits specified at the time you purchase your subscription. You may redeem such Credits to download the Mobile Content available through such Credit-Based Plan, provided that any Credits you receive during a Subscription Period must be redeemed during such Subscription Period (any Credits not redeemed during such Subscription Period will expire and will not roll over into the next Subscription Period). You may not use Credits you receive for one Credit-Based Plan with any other Subscription Plan.
6. Registration
You shall provide true, accurate and complete personal information ("Registration Data") during the registration process. You shall maintain and update your Registration Data to keep it true, accurate and complete by visiting the "My Profile" section of the Website. If Talking Sky FZ-LLC believes that your Registration Data is untrue, inaccurate or incomplete, Talking Sky FZ-LLC reserves the right to suspend or terminate any or all Services, and to refuse to provide you with any future use of any or all Services. You acknowledge and agree that Talking Sky FZ-LLC may use and rely on the Registration Data in connection with providing the Services (including billing for the Services), and to send you important information and notices regarding your account and your use of the Services, as further set forth in the Privacy Policy. Talking Sky FZ-LLC shall have no liability associated with or arising from your failure to maintain true, accurate and complete Registration Data, including, but not limited to, liability arising out of your failure to receive critical information about any Services or your account. Talking Sky FZ-LLC shall not be responsible for verifying your Registration Data.
7. Account
Upon your successful registration on the Website, you will receive an account ("Account"). You will be required to obtain a password/PIN ("Password/PIN") to access the "My Profile" section of the Website, where you can view the details of your Subscription Plans and otherwise manage your Account. You will be solely responsible for maintaining the confidentiality of your Password/PIN; Talking Sky FZ-LLC will not be liable for any unauthorized access or use of your information, your Account or the Services due to your failure to secure your Password/PIN. You will be solely responsible for all activities conducted under your Account (including any charges and liabilities arising out of such activities), whether or not you authorized such activities, and you authorize Talking Sky FZ-LLC to carry out all transactions, including your subscription to additional Subscription Plans, that are initiated through the use of your Password/PIN. If you suspect any unauthorized disclosure, possession or use of your Password/PIN, Talking Sky FZ-LLC suggests that you change your Password/PIN or consult Talking Sky FZ-LLC. Talking Sky FZ-LLC reserves the right to require you to change your Password/PIN from time to time.
8. License
Subject to the terms and conditions of these Terms, Talking Sky FZ-LLC grants you a limited, non-exclusive, non-transferable, revocable license to download to your Device the Mobile Content made available by Talking Sky FZ-LLC through the Subscription Plans to which you subscribe, and to use such Mobile Content on your Device solely for your own personal, non-commercial use.
9. Restrictions
You shall not, and will have no right to, copy, reproduce, modify or create derivative works of any Mobile Content or Services, or perform, display, transfer, distribute, broadcast, sell or otherwise make available any Mobile Content or any Services to any third persons. You shall not, and will have no right to, use the Website or any Services, or download or use any Mobile Content, except as expressly permitted by these Terms. You shall not, and shall not attempt to, decrypt, hack or circumvent any protections contained in any Mobile Content, or reverse engineer, decompile, disassemble or otherwise obtain the source code for any Mobile Content, and you shall not authorize, assist or encourage others to any of the foregoing. You shall use the Website, Services and Mobile Content in a manner consistent with any and all applicable laws and regulations. Talking Sky FZ-LLC shall have no duty to and shall not investigate your use of, or your right to use, the Website or any Services or Mobile Content.
10. Third Party Websites and Products
Talking Sky FZ-LLC may, through the Website, the Services and the Mobile Content, present or otherwise make available to you links to third party websites ("Third Party Websites") and advertisements and other promotional materials ("Advertisements") for websites, products and services of third parties (collectively, "Third Party Products").
11. Privacy
All personally identifiable information you provide in connection with your use of the Website and Services is subject to the Talking Sky FZ-LLC Privacy Policy.
12. Intellectual Property Rights
Talking Sky FZ-LLC, its affiliates and its and their licensors retain all right, title and interest (including, without limitation, all copyright, trademark, trade secret and other intellectual property rights) in and to the Website, the Services and Mobile Content available from the Website (collectively, "Talking Sky FZ-LLC Property"), including, without limitation, all text, images, graphics, audio, software code and other copyrightable subject matter contained in any Talking Sky FZ-LLC Property, all trademarks, service marks and other designations contained in any Talking Sky FZ-LLC Property, and all copyrightable and otherwise protectible elements (including, without limitation, the "look and feel") of any Talking Sky FZ-LLC Property. You agree to make no claim of interest in or ownership of any Talking Sky FZ-LLC Property. Talking Sky FZ-LLC reserves all rights not expressly granted to you in these Terms, and you acknowledge that you do not obtain any rights, express or implied, in any Talking Sky FZ-LLC Property, other than the rights expressly granted in these Terms. You shall not alter, delete or conceal any copyright notices or other intellectual property notice contained in any Talking Sky FZ-LLC Property.
13. Fees
For each Subscription Plan to which you subscribe, you will be billed for, and you agree to pay, a subscription fee of for each Subscription Period ("Subscription Fee"). You will be billed the Subscription Fees for the initial Subscription Period at the time you purchase your subscription, and you will be automatically re-billed additional Subscription Fees at the beginning of each subsequent Subscription Period. You will be billed for, and you agree to pay, Subscription Fees for each Subscription Period whether or not you actually download any Mobile Content, and in the case of a Credit-Based Plan, whether or not you use all Credits provided to you during such Subscription Period.
The Subscription Fee for each Subscription Plan will be specified at the time of your subscription. If you do not accept the Subscription Fee for any Subscription Plan, you must cancel such Subscription Plan, which cancellation will be effective at the end of the then-current Subscription Period. The then-current Subscription Fees are available to you in the "My Profile" section of the Website.
By requesting a Download, you authorize your wireless carrier to charge appropriate fees directly to your wireless service bill.
Other third party charges, such as from your Carrier, may apply when you register for or use any Service. Please review your agreement with your Carrier or contact your Carrier for more details.
14. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, SERVICES AND MOBILE CONTENT IS SOLEY AT YOUR OWN RISK. THE WEBSITE, SERVICES AND MOBILE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Talking Sky FZ-LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Talking Sky FZ-LLC AND ITS AFFILIATES MAKE NO WARRANTIES THAT (A) THE WEBSITE, ANY SERVICES OR ANY MOBILE CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE, ANY SERVICES OR ANY MOBILE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) ANY MOBILE CONTENT OR SERVICES, OR ANY RESULTS OBTAINED FROM THE USE THEREOF, WILL BE ACCURATE OR CURRENT, OR (D) ANY MOBILE CONTENT OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR OF THE WEBSITE OR ANY SERVICES OR YOUR USE OR DOWNLOAD OF ANY MOBILE CONTENT. YOU MAY NOT RELY ON ANY INFORMATION OR ADVICE, WHETHER ORAL, WRITTEN OR OTHERWISE, OBTAINED BY YOU FROM Talking Sky FZ-LLC OR IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MOBILE CONTENT, AND Talking Sky FZ-LLC MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND RELATING TO ANY SUCH INFORMATION OR ADVICE. Talking Sky FZ-LLC WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY, INCLUDING THE OWNER OF YOUR DEVICE, FOR ANY MOBILE CONTENT OR ANY OTHER ASPECT OF THE WEBSITE OR SERVICES THAT ANYONE MIGHT FIND OBJECTIONABLE. Talking Sky FZ-LLC WILL HAVE NO LIABILITY TO YOU FOR ANY ACT OR OMISSION OF YOUR CARRIER, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF THE CARRIER OR ITS MOBILE COMMUNICATION SERVICE THAT DELAYS OR PREVENTS THE DELIVERY OF ANY MOBILE CONTENT TO YOU, OR THAT PREVENTS YOU FROM DOWNLOADING OR OTHERWISE ACCESSING ANY MOBILE CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Talking Sky FZ-LLC'S ENTIRE LIABILITY (WHETHER IN LAW, EQUITY OR OTHERWISE) TO YOU AND ALL THIRD PERSONS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ALL SERVICES AND MOBILE CONTENT, AND ALL OTHER ASPECTS OF THE TRANSACTIONS CONTEMPLATED BY THESE TERMS IS LIMITED TO THE AGGREGATE OF ALL AMOUNTS YOU PAID FOR THE SERVICES GIVING RISE TO SUCH LIABILITY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Talking Sky FZ-LLC AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICES), SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSONS UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ANY SERVICES OR MOBILE CONTENT, OR ANY OTHER ASPECTS OF THE TRANSACTIONS CONTEMPLATED BY THESE TERMS, EVEN IF Talking Sky FZ-LLC OR ANY OF ITS AFFILIATES HAS 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, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT THAT ANY EXCLUSION, DISCLAIMER OR LIMITATION OF LIABILITY AS SET FORTH IN THESE TERMS IS PROHIBITED OR IS OTHERWISE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE LIABILITY OF Talking Sky FZ-LLC AND ITS AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. Indemnification
You shall defend, indemnify and hold harmless Talking Sky FZ-LLC and its affiliates, and its and their officers, directors, shareholders, employees, independent contractors, agents and representatives, from and against all liabilities, damages, losses, costs and expenses (including, but not limited to, attorneys' fees and court costs) relating to any claims, actions, demands, causes of action and other proceedings arising out of or attributable to:
- Your breach or violation of these Terms or the Privacy Policy;
- Your failure to provide accurate, complete and current personally identifiable information requested or required by Talking Sky FZ-LLC;
- Your access or use of the Website or any Services or Mobile Content; or
- Access or use by others of the Website or any Services or Mobile Content using any Password/PIN that may be issued to you, whether or not authorized by you.
17. Cancellation of Subscription Plans by You
You may cancel any Subscription Plan in the "My Profile" section of the Website.
You may also cancel any Subscription Plan as follows: You may cancel your subscription by sending "STOP"/"QUIT"/"END"/"CANCEL"/"UNSUBSCRIBE"/"STOP ALL". To cancel Wallpaper Club, please send "STOP WD" to 62637. To cancel Themes Club, please send "STOP TM" to 62637 (Themes are not available to Verizon Wireless customers). To cancel Polytones Club, please send "STOP VC" to 62637. To cancel Jokes Club, please send "STOP JK" to 62637. To cancel Horoscopes Club, please send "STOP HC" to 62637. To cancel Truetones Club, please send "STOP DC" to 62637. To cancel IQ Tips Club, please send "STOP IT" to 62637. To cancel Trivia Club, please send "STOP QZ" to 62637. You may also cancel any Subscription Plan by sending an e-mail to care@tonzmania.com or by contacting our customer services representatives at 1877 249 6398.
Any cancellation of a Subscription Plan by you shall become effective at the end of the then-current Subscription Period. You will not be entitled to any refund of any fees paid by you for any Subscription Plan that you cancel, even if your cancellation occurs prior to the end of the then-current Subscription Period.
18. Termination of Services by Talking Sky FZ-LLC
Talking Sky FZ-LLC may, at its sole discretion, terminate your use of any or all Services at any time, for any reason or no reason, with or without notice to you. Talking Sky FZ-LLC shall not be liable to you or any third party for any such termination. Upon any cancellation or termination of the Services, Talking Sky FZ-LLC may immediately deactivate or delete your Account and all related information and files in your Account, and may bar any further access to such files and the Services by you. No such change will entitle you to any refund of any fees paid by you, except that if Talking Sky FZ-LLC terminates without cause (for avoidance of doubt, any breach by you of these Terms or the Privacy Policy shall be deemed cause for termination) any Subscription Plan to which you have subscribed prior to the expiration of the then-current Subscription Period, Talking Sky FZ-LLC will refund to you, through your Carrier, any fees you paid for the portion of such Subscription Period following such termination.
19. Miscellaneous Provisions
These Terms are governed by, and are to be construed in accordance with, the internal laws of the State of Delaware, USA without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Delaware. Notwithstanding the foregoing, Talking Sky FZ-LLC will have the right to seek injunctive or other equitable relief in any court of competent jurisdiction. YOU HEREBY WAIVE TRIAL BY JURY OF ANY ACTION IN CONNECTION WITH these Terms, the Website or any Services or Mobile Content.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES WITH AND CLAIMS AGAINST Talking Sky FZ-LLC ARISING OUT OF OR IN CONNECTION WITH these Terms, the Website or any Services or Mobile Content SHALL BE FINAL AND BINDING ARBITRATION, except that you and Talking Sky FZ-LLC acknowledge that arbitration is not an adequate remedy at law, and that injunctive or other appropriate relief may be sought, with respect to any claim that either you or Talking Sky FZ-LLC has (or has threatened to) in any manner infringed, misappropriated or otherwise violated any patent, copyright, trademark, trade secret or other intellectual property rights of the other party or any of its licensors.
Arbitration under this Agreement shall be conducted by the American Arbitration Association ("AAA") under its applicable arbitration rules ("AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you or Talking Sky FZ-LLC related in any way to these Terms, the Website or any Services or Mobile Content, be instituted more than three (3) years after the cause of action arose.
If any portion of these Terms is deemed unlawful, void or otherwise unenforceable by any arbitrator or court of competent jurisdiction, such portion shall be construed in a manner consistent with applicable law to achieve, as nearly as possible, the same economic and legal effect, and the remaining portions shall remain in full force and effect.
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
No waiver of any portion of these Terms shall be effective unless it is in writing and signed by an authorized representative of Talking Sky FZ-LLC. The failure of Talking Sky FZ-LLC to require performance of any of your obligations under these Terms shall not affect Talking Sky FZ-LLC's right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of these Terms shall be effective unless it is contained in a writing that is signed by an authorized representative of Talking Sky FZ-LLC. The remedies of Talking Sky FZ-LLC and its Affiliates under these Terms shall be cumulative.
Talking Sky FZ-LLC may serve notices related to these Terms by posting them on the "My Profile" section of the Website or by sending them to the postal address or electronic mail address provided by you or as a text message to the mobile phone number you provide. Notices sent by mail shall be deemed received seven days after they are being sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received one day after they are posted or sent. Except as expressly provided otherwise in these Terms, all notices to Talking Sky FZ-LLC shall be in writing and delivered via overnight courier or certified mail, return receipt requested to: Talking Sky FZ-LLC, Dubai Technology and Media Free Zone in Dubai - United Arab Emirates, DIC Building 16, Ground Floor, DIC P04-B16-G-EO 02.
You agree that these Terms, together with the Privacy Policy, constitute the entire, complete and exclusive agreement between you and Talking Sky FZ-LLC regarding the Website, Services, Mobile Content and other subject matter of these Terms, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, with respect to the Website, Services, Mobile Content and other subject matter of these Terms.
You shall not, and will have no right to, assign, delegate or transfer (whether voluntarily, by operation of law or otherwise) these Terms, or any of your rights or obligations under these Terms, to any third person.
Your obligations under Sections 9, 10, 11, 12, 13, 14, 15, 16 and 19 of these Terms shall survive any cancellation or termination of the Services.