TERMS AND CONDITIONS

BEFORE YOU USE OUR SERVICE, YOU MUST READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY.

BY USING OUR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE; DO NOT USE THE SERVICE.

1. Description of Services

Chords4U provides downloadable mobile entertainment content and applications through on-line (World Wide Web) and SMS (Short Message Service) services to certain compatible mobile devices (the "Service"). The Service may also include access to products and services of independent third parties. After proper registration and payment, you will be permitted to download certain Products through the Service to compatible mobile phones and other compatible devices.

2. Registration and Access to the Service

(a) Access to the Service. IN ORDER TO USE THE SERVICE YOU (1) MUST BE AT LEAST 16 YEARS OF AGE AND HAVE THE CONSENT OF THE SUBSCRIBER OF THE MOBILE SERVICE TO SIGN-UP FOR AND USE THE SERVICE ON THEIR BEHALF AND (2) AGREE ON BEHALF OF THE SUBSCRIBER AND YOURSELF TO BE BOUND BY THESE TERMS. You agree that each person who requests such Service is your agent with full authority to act on your behalf with respect to such Service. The contract is void where prohibited. In order to use the Service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Chords4U makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Chords4U operations. Any equipment or software causing interference shall be immediately disconnected from the Service and 4 Tune Studios shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

(b) Contracts for our Service. Chords4U is offering its Service as individual downloads or as a bundle of credits for a defined number of individual downloads. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by Chords4U, but as an invitation for you to order. Access to the Service can be provided by enabling you to download the product (e.g. by delivering a WAP-Push link or a PIN for download of the downloadable mobile entertainment content on Chords4U' website) or by providing access to the mobile entertainment content (e.g. by enabling MSISDN for this product). Contracts for the products and services of Chords4U and independent third parties which are made available through the Service shall begin when Chords4U or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order. The contract will remain in effect until terminated by you or 4 Tune Studios according to Section 8 of these Terms.


(c) Responsibility for the Use of the Service. You are fully responsible for all activities that occur under your password or account . That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify Chords4U immediately in case you become aware of or suspect unauthorised use of your password or account or Subscription or any other breach of security, and to ensure that you log out of your account at the end of each session. Chords4U cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.

(d) Registration and Registration Data. Upon your request, Chords4U may register you as a user and provide you with access to the Service by allocating you a personal username and password. Chords4U may need to change usernames allocated to certain aspects of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Chords4U has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Chords4U has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Prior to any such withdrawal Chords4U shall temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.

(e) Access without Registration. Chords4U may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that Chords4U deems appropriate. Identification is typically based on data identifying your Subscription, such as your mobile phone number. You agree that such information may be collected and disclosed to Chords4U and used in accordance with Section 3.

(f) Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. Chords4U shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these TERMS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

(g) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by Chords4U, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

(h) Interruptions or Discontinuation of Service. Chords4U may suspend the Service for repair, maintenance, and/or upgrade work. In such event, 4 Tune Studios shall make reasonable efforts to keep the said interruption as brief as is reasonably possible with as little inconvenience to you as is reasonably possible. Chords4U reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by Chords4U it will notify you of this fact and reimburse any pre-paid fees.

(i) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, Chords4U shall indicate the products and services as third party content. Even though they may be co-branded with Chords4U and therefore include Chords4U' trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. Chords4U SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THRID PARTIES.

3. Privacy

Chords4U Privacy Policy is defined under the Privacy Policy section.

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY 4 Tune Studios.

Except in jurisdictions where such provisions are restricted, You agree that 4 Tune Studios' entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, company, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages Even if company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, 4 Tune Studios' liability is limited to the extent permitted by law in such Country.

5. Indemnification

You agree to indemnify and hold Chords4U, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

6. Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Chords4U Intellectual Property Rights") are owned by Chords4U or its licensors, and you agree to make no claim of interest in or ownership of any such Chords4U Intellectual Property Rights. You acknowledge that no title to the 4 Tune Studios Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

7. Charges

(a) Fees. You shall pay Chords4U for the Services and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and in association with PayPal. The different payment methods are specified during the order process for the product you chose. 4 Tune Studios may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties. In the event of a refund chords4u reserve the right to charge an administration and/or a transaction fee, maximum value £1.00 GBP

(b) Fee Changes. All fees are subject to change upon notice from 4 Tune Studios. Chords4U will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your account effective immediately upon termination.

(c) Late Payments. Any past due unpaid amount shall bear an annual interest of four percent (4%) or the highest interest allowed by applicable law, whichever is lower.

8. Termination and Cancellation of Services; Right to withdraw

To unsubscribe send an email to unsubscribe@chords4u.com. The termination shall become effective immediately upon receipt of termination request.

You agree that Chords4U, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services and remove and discard any content within such services, if 4 Tune Studios believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, Chords4U may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 4 Tune Studios shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account Chords4U will not refund any of your fees paid to date, except as provided in provision 2 of these TERMS.

CUSTOMERS IN THE EUROPEAN UNION ALSO HAVE THE STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 7 WORKING DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT ("WITHDRAWAL PERIOD"), PROVIDED, HOWEVER, THAT YOUR RIGHT TO WITHDRAWAL IMMEDIATELY TERMINATES IF YOUR FIRST USE OF THE SERVICE OCCURS BEFORE THE END OF THE WITHDRAWAL PERIOD. TO WITHDRAW FROM THE AGREEMENT WITHIN THE WITHDRAWAL PERIOD, SEND A TERMINATION NOTIFICATION VIA E-MAIL TO info@chords4u.com WHICH COMMUNICATION MUST CLEARLY STATE YOUR NAME, ADDRESS AND PHONE NUMBER, AND BE POSTMARKED WITHIN THE WITHDRAWAL PERIOD.

9. Miscellaneous Provisions

(a) Notices and Announcements.

Chords4U shall serve notices related to this contract by posting them on the COMPANY web site or by sending them to the postal address or e-mail address you have given to COMPANY or as a text message to your mobile phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the COMPANY Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) Changes of TERMS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY COMPANY AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.

(c) Other terms, entire agreement. These TERMS are in addition to any COMPANY or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TERMS and such Specific Terms, the latter shall prevail. These TERMS and any other terms or documents referred to herein represent your entire agreement with 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.

(d) Severablity. 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.

(e) Waiver. Chords4U' failure to pursue any available claim or defence pursuant to this Agreement or otherwise 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.

(f) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

(g) Survival. In the event this Agreement terminates as provided herein, Sections 2(c)(h), 4, 5, 6 and 9 of these TERMS shall survive such expiration or termination.

(h) Governing Law and Jurisdiction. This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of the United Kingdom. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in London, UK.