(a) Service and Content. Mireille Studio, through the Mireillemobile Site, permits you to purchase (the "Service") a non-exclusive, revocable, non-transferable, non-assignable, personal, limited license to
(i) download digital content-such as cellular phone wallpapers, cellular phone video, cellular phone games - ("Content") and
(ii) display or play, as the case may be, such Content on a single cellular phone (a "Device") owned by you in accordance with the terms and conditions as set forth in this Agreement.
By way of clarification, to purchase the Content means to purchase the above-referenced license to display or play the Content.
(b) Payments and Fees.
(i) Fees. Product fees vary and are identified as part of the individual product description. When selecting a product, you will be prompted to complete the necessary information for your selected payment method, including your credit card information, PSMS or Paypal Internet account. Mireillemobile through it's affiliation party will charge the Fees to your credit card or PSMS or Paypal account as you use the Service and purchase Content. You agree to pay for all Content you purchase through the Service, and that Mireillemobile through it's affiliation party may charge you for any Content purchased.
(ii) Right to Change Prices and Availability of Content. Prices and availability of any Content are subject to change at any time.
(c) System Requirements. Use of the Service requires a compatible computer, compatible Device, Internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service and Content involves hardware, software, and Internet access, your ability to use the Service and Content may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, You are responsible for ensuring the wireless phone/device is compatible. You acknowledge and agree that you will not be entitled to any refund for any Fees you pay for the Content if the Content is incompatible with your Device.
(d) Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
WITHOUT LIMITING THE FOREGOING, MIREILLEMOBILE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE ACCESS TO, THE OPERATION, OR THE FUNCTIONS CONTAINED IN THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE OR THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIREILLEMOBILE MAKES NO WARRANTY:
(1) THAT THE CONTENT WILL WORK WITH YOUR DEVICE;
(2) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(3) REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR
(4) REGARDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT).
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIREILLEMOBILE OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
a) MIREILLEMOBILE'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.
(b) MIREILLEMOBILE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNTER, INCLUDING LIABILITIES RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE SERVICE OR CONTENT;
(2) THE COST OF PROCURING SUBSTITUTE CONTENT AND SERVICE;
(3) ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR
(4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MIREILLEMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) MIREILLEMOBILE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(d) IN NO EVENT WILL MIREILLEMOBILE OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES TO YOUR DEVICE OR PERSONAL COMPUTER CAUSED BY THE CONTENT, LOST DATA, LOST REVENUE, OR LOST PROFITS, OR FOR ANY CLAIM BY ANY THIRD PARTY WITH RESPECT TO THE SITE OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MIREILLEMOBILE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF MIREILLEMOBILE FOR ALL DAMAGES EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The disclaimers and limitations set forth above will apply regardless of whether you accept the EULA, if any, that accompanies the Software.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.