Service Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

In these Terms of Use ("GTCs"), "we," "us" and "our" refer collectively to Twistbox Entertainment, Inc. and any of its parents and/or subsidiaries and in conjunction with our authorized sales agent SegPay. We reserve the right to modify these GTCs at any time without notice. Modifications will be effective immediately as of the date that modification is posted on the Service. Your continued use of the Service indicates your knowledge and acceptance of these GTCs and any subsequent modifications thereto.

SERVICE TERMS OF USE

1. The minimum age to use any of the Service is 18. By downloading or accessing the Service, you warrant to us that you are eighteen (18) years of age and have the legal capacity to accept these GTCs.

2. You must be on a mobile telephone network operator as a contract customer or a pre-pay customer with sufficient credit to download or access the Service. Where the Service is delivered to your mobile handset, rather than being stored on our dedicated server, you must have sufficient credit to cover maximum transport costs. The Service may be downloaded or accessed outside of your regular network, however this is dependent on the Service being supported by the foreign network. You should check with the local carrier with regards to additional charges for such downloads or access. The ability to download or access the Service may be restricted or impaired when on a roaming network abroad.

3. You acknowledge that some of the content or communications on the Service may be offensive to you or to others who may be exposed, deliberately or inadvertently, to the content or the Service. We do not warrant and make no guarantee or representation that you will not find all or part of the Service to be objectionable. You agree that you will be solely responsible for any aspect of the Service that you or others might find objectionable.

4. You acknowledge and agree that the Service is for your personal use. You may not copy, transmit, broadcast, create derivative work of, or make commercial use of the Service. You must not modify or forward any content unless expressly permitted to do so by us and you will be directly liable for any claims brought against you, including claims by us or any third parties should you do so. In no circumstances may you use the content for commercial purposes or forward content to anyone who you have reason to believe may use it commercially. You may not copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile or attempt to do so, or otherwise make available, any of the content available on the Service.

5. Some content will be available via WAP. You should ensure your mobile handset is compatible. Your mobile telephone network operator can advise you if unsure.

6. The Service is non-exchangeable and non-refundable. (Please see REFUND POLICY clause below for more information)

7. In some instances the call waiting feature on your handset may be affected by downloading or accessing the Service.

8. If you download any content to your handset, you are entitled to download it once and store one copy of such content in your phone's memory. You may make one copy of the content for back-up purposes only. All copies of the content remain our property and/or its licensors.

9. There are limits on the volume of mobile content that can be accessed any time. For further information please refer to the manufacturer of your handset and any specific restrictions relating to the particular content you are accessing or downloading. If you wish to access additional content once you have reached this limit, you will need to delete some of your existing content.

10. Differences in handset features mean that not all handsets are compatible with all mobile content. You are advised to check your particular handset's compatibility before downloading or accessing the Service. No refunds will be given for content that is not compatible with your mobile handset.

11. Your usage of certain Services may be limited to a certain period of time. Galleries may only be viewed on the site for a period of 30 minutes after purchase. Certain videoclips may only be downloaded once. Any specific restriction will be specified in each Service.

12. Under no circumstances will we or any of the other parties involved in the provision of Service, be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in the Service or the provision of the Service. We agree to rectify any such problems in the Service which are notified to us as soon as reasonably practicable. If you do notice a fault or error in the Service, please contact us immediately.

13. The downloading and accessibility of the Service is subject to availability and may be affected by the volume of users from time to time or by network congestion.

14. We do not accept any liability for the disruption of the Service to due to temporary non-availability of the mobile network, loss, late receipt or non-readability of any download, transmission, or other communications. The Service is supplied to you on an "as is" basis and we do not warrant that the Service is of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or is free from error.

15. We will not be liable to you in any way for failures, defects or delays in the delivery of the Service which are caused by one or more of the following reasons:

a. You have provided incorrect information when ordering the Service;

b. Your handset is not able to receive the Service;

c. Your message mail box is full and has no additional memory to receive the Service;

d. Your handset is out of range or for some reason cannot be contacted; or

e. You accidentally erase the Service.

16. Unlawful, indecent, or otherwise inappropriate use of the Service is prohibited.

17. All trademarks and trade names are the properties of their respective owners and all rights are reserved by the respective owners.

18. Breach of these GTCs will entitle us to terminate your use of the Service.

19. Due to rapid advancement in technology relating to mobile communications, we reserve the right to vary or withdraw the Service at any time without notice. We reserve the right to change the cost of the Service from time to time. Any alteration or addition to the cost shall take effect immediately once posted on the Service. Any continued access and use of the Service after such publication means that you will be deemed to have accepted such changes.

20. We do not recommend using the Service while performing certain activities, such as driving, where there exists a significant risk of accident. Such use shall be a breach of these GTCs.

REFUND POLICY

Twistbox & SegPay do not provide cash refunds. The billing system used provides extensive credit card fraud protection measures and our sites include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.

LIMITATION OF LIABILITY

We are not responsible for unauthorized access to or alteration of transmissions or date, any material or data sent or received, or any transactions entered through the Service. You acknowledge that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content on the Service. You further acknowledge and accept full responsibility for any risk of injury from the foregoing. We shall not be liable for any termination, cessation, interruption, cancellation or compromise of your password, account or access to the Service. We reserve the right to temporarily and/or permanently suspend or terminate your access to the Service or any portion thereof for any reason and without prior notice. We are not responsible or liable for any viruses or contamination of your mobile device used to access the Service, or for any delays, inaccuracies, errors or omissions arising out of your use of the Service.

You agree that all information, software, content, products and services and related materials contained within the Service are provided "as is" without warranty of any kind. We hereby disclaim all warranties with regard to the Service, including all express and implied warranties, merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the foregoing, we make no warranty or representation that the Service will be uninterrupted or error-free, or that the error will be corrected. In no event shall we be liable to you for the truthfulness, accuracy or completeness of the Service under any circumstances. We do not guarantee that the Service will meet any particular criteria of performance or quality.

Any reference to a person, entity or product on the Service does not constitute an endorsement or recommendation by us or our employees. We are not responsible for the content or materials of third parties and we recommend that you read any third party terms of use and policies.

We are not liable for any direct, indirect, incidental, special or consequential damages arising out of your use of the Service or inability to gain access to or use the Service. No communication of any kind between you and us, or any of our employee, shall constitute a waiver of any limitations of liability hereunder.

INDEMNITY

You agree to indemnify us and our partners, agents, employees and any third parties harmless from any claim, demand, lawsuits or judgments, including attorneys' fees and court costs, made by any third party due to or arising out of your use of the Service, including a violation of these GTCs, a violation of any rights of another (including intellectual property rights) or losses resulting from someone else using your account and access to the Service.

PERSONAL INFORMATION AND PRIVACY POLICY

We collect personal identifiable information (PII) regarding our customers, including information you provide us, information we collect during and in connection with our relationship with you, and information we obtain from other sources. Examples of PII we collect include but is not limited to your name, address, telephone number and e-mail address; your billing, payment, usage, credit and transaction information (including credit card numbers, account numbers and/or social security number) and various demographic information about you, you may provide or we obtain from third party sources.

We use such PII to provide our products and services, determine the credit standing of our customers at the time of sale, submit invoices, obtain payment and resolve customer issues, and, generally, to enhance our customers' experience with us. We also use customer PII to develop, market and sell new or additional products and services. Also, we may aggregate the PII of customers to produce data about a group or category of services or customers for the purpose of analyzing and enhancing our products, services and customer service. For a more detailed use of PII and our use thereof, please read our privacy policy.

GENERAL PROVISIONS

These GTCs shall in all respects be governed by and construed in accordance with the laws of the United States of America and the parties hereby submit to the exclusive jurisdiction of Los Angeles, CA.

If any of these GTCs are determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these GTCs.