THIS BIMBIT TERMS OF USE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND BIMBIT.COM SDN BHD ("OUR," "US," "WE" OR "BIMBIT"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED MUSIC SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES (COLLECTIVELY, THE "MATERIALS" MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER. IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATIONPROCESS AND DO NOT ACCESS OR USE THE BIMBIT SITE, THE SERVICE OR THE MATERIALSs IN ANY MANNER.

When we refer to the "use" of the Service in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Service. This Agreement, together with any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.

1. ENROLLMENT IN THE SERVICE

Bimbit currently provides the Service for:

-          Sampling and downloading music in the WMA (with Digital Rights Management) and MP3 format. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to the music files. To begin the enrollment process, you must complete the Service registration process located on our web site at http://www.bimbit.com or any successor web site thereto ("Bimbit Site") or such other registration process as we may provide from time to time.

-          Download via your Short Message Service ("SMS") and Wireless Application Protocol (WAP) ringtones, operator logos, caller group icons, picture messages, screen savers, SMS games and text based services such as horoscope, jokes, quotes and directory listings ("Item(s)") on to your download-compatible mobile phone at the price specified by Bimbit to you from time to time. You are responsible for all charges incurred if you accidentally erase, replace or delete one of the Items by receiving another Item or otherwise.

-          Music Subscription plans whereby, for a monthly fee and subject to certain limitations as described herein, you are granted specified download rights to our catalog of MP3 and WMA music files.

1.1   EQUIPMENT

You will need to provide all personal computers, mobile phone and digital audio player equipment required using the Service and you will be liable to pay Bimbit.com Sdn Bhd for all costs incurred using the Service.

You will need to provide all equipment necessary to access the Website, its content and the Service on the World Wide Web and be liable for payment for the telephone call charges at the rates published by the telephone operator with whom you make your calls.

This Service is only available to Maxis (012/017), DiGi (016) and Celcom (013/019) post paid mobile and prepaid mobile services users respectively.

By using the Service you confirm that you understand that your mobile phone must support the Item download function for the Service to operate. For the purpose of downloading ringtones, your mobile phone must support the respective ringtone format standard. If you are unsure whether your mobile phone supports the ringtone format standard, please consult your mobile phone handbook. Bimbit cannot be held responsible should you attempt to download an Item onto an incompatible phone and you will be charged regardless.

To discover whether your mobile phone can support the ringtone format standard, you may also refer to the Phone Compatibility Guide on the Website.

1.2   DELIVERY OF SERVICE VIA SMS

After receiving your download request via SMS, Bimbit will send the Item to the given telephone number. If your download request via SMS is insufficient or incorrect or if Bimbit for any other reason considers it necessary, Bimbit has the right to decline to send the Item without further notice to you.

Bimbit shall not be liable in any way for failures, defects or delays in the delivery of the Item, which are caused by one or more of the following reasons:

Your phone does not support the specific item format: Nokia Smart Messaging Standard (NOK), EMS iMelody (iMelody), Motorola Ringtones SMS (MRS) and Ericsson Melody (eMelody) service (for download of ringtones), your phone does not support SMS, your phone is out of range or for some other reason cannot be reached, or some other failure which is not due to Bimbit occurs in communication or otherwise.

2. MODIFICATION

We may add, delete or modify any of the aspects of our Service and/or any of the terms and conditions contained in this Agreement at any time in our sole discretion. Any changes we make will be effective immediately upon posting a revised version of this Agreement on the Bimbit Site. Your continued use of the Bimbit Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. If any change is unacceptable to you, you must stop using the Bimbit Site, the Service and the Materials. If any new products or services become available, they will be considered a part of the Service and the Materials and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

3. YOUR ACCOUNT

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being your "Account Information"). You further agree that, in providing such Account Information, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Account Information via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Account Information as required for your use of and access to the Service, as applicable. Once you register, you shall receive a username and password in connection with your account (collectively referred to herein as your "Username"). We may refuse to grant you a Username that is already taken, or that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree that you will not allow another person to use your Username to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Username and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. Bimbit is not liable for any harm caused by or related to the theft of your Username, your disclosure of your Username, or your authorization to allow another person to access and use the Bimbit Site, the Service or the Materials using your Username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account, including, but not limited to, any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.

4. BIMBIT PRIVACY POLICY

Bimbit takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your Username and your use of the Service. Our Privacy Policy is set forth at www.bimbit.com/privacypolicy.

5. LIMITATIONS ON USE OF THE SERVICE

5.1 Bimbit will make reasonable efforts to keep the Bimbit Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of Bimbit may, from time to time, result in temporary service interruptions. Bimbit also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Bimbit shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.

5.2 By enrolling in the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You may only make copies of any file obtained through the Service for your own personal use.

5.3 You may not use or allow others to use, your Username and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or materials through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or materials in connection with your Username.

You also may not use, nor allow others to use, your Username, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Bimbit Site, the Service, the Materials or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; or (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.

5.4 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

6. FEES AND PAYMENTS

6.1 All sales are final. If you wish to use the Service, you will be asked by Bimbit to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by Bimbit in the manner described in our Privacy Policy. You agree that all information that you provide to Bimbit will be accurate, current and complete. By registering for the Service, you agree to pay all charges incurred by you or any users of your account and/or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. The fees, charges and payments hereunder do not include and you are solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of the Service. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.

Costs for SMS Request for download of Item

Please be informed that you will be charged the standard charges per SMS request for download of Item onto your mobile phone. For downloads of ringtones, graphics and texts, there will be an additional charge upon delivery of the same item. Please check against the specific download item price here. If the mobile phone does not belong to you or if someone else is paying the mobile phone bill please obtain that person's consent prior to using the same.

Prepaid Card

This moosic prepaid card may be redeemed only on the Bimbit music store by persons above the age of 13 and Internet access (fees may apply), iTunes 4.7 or later, Windows Media player and compatible software and hardware are required. Acceptance of use and license terms required. Prepaid cards are not redeemable for cash and cannot be returned for a cash refund, exchanged, or uses to purchase other items in the retail location or provide allowances. Unused balances are nontransferable. Except as stated otherwise, data collection and use are subject to Bimbit鎶?privacy policy, which can be found at www.bimbit.com/privacypolicy. Bimbit is not responsible for lost or stolen prepaid cards. Bimbit and its licensees, affiliates, and licensors make no warranties, express or implied with respect to prepaid cards or the Bimbit music store and disclaim any warranty to the fullest extent available. Your sole available remedy shall be replacement of a prepaid card. These limitations may not apply to you. Bimbit reserves the right to change any of these terms and conditions from time to time without notice. Void where prohibited or restricted by law. Risk of loss and title for prepaid cards passes to the purchaser on transfer. Music purchased from Bimbit music store is for personal lawful use only. Don鎶?steal music...stop piracy.

Music Subscription

By signing up for the Music Subscription, you agree to pay the fees for the Music Subscription plan you select in accordance with our Pricing and Payment Terms, which can be found at http://www.bimbit.com/subscription.aspx.

Your subscription will continue automatically at the fee rate applicable to the Music Subscription plan, which you have selected unless terminated by Bimbit or until you notify Bimbit of your decision to cancel your Music Subscription. Upon the expiration of the 30-day period, your subscription will automatically renew on a month-to-month basis at the same monthly rate, as applicable, unless you elect to terminate the Service or enroll in another Music Subscription plan.

Each month during the term of this Agreement, the fees for use of the Music Subscription will be billed automatically to the credit card you designated during the Music Subscription registration process or subsequently provided to Bimbit. You agree to pay or have paid all fees and charges incurred in connection with your Username for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service using your Username without your authorization, you must contact Bimbit immediately at support@bimbit.com.  

Payment must be made by a major credit card accepted by Bimbit (currently, VISA and MasterCard), or any other methods of payment as Bimbit may accept from time to time. Your credit card will be billed monthly in advance commencing on your initial Music Subscription signed up and continuing thereafter on a monthly basis on the thirtieth (30th) day following the expiration of the preceding billing period ("Billing Date"). If Bimbit does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Bimbit. Your card issuer agreement governs your use of your designated card in connection with the Music Subscription, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT BIMBIT, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

If Bimbit does not receive the full amount of your Music Subscription account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify Bimbit of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release Bimbit from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to Bimbit within sixty (60) days of its first appearance on an invoice or credit card statement.

You agree to pay Bimbit all reasonable attorney's fees and costs incurred by Bimbit to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Music Subscription account.

The fees, charges and payments hereunder do not include and you are solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of the Music Subscription service. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Music Subscription service.

6.2 BIMBIT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY BIMBIT, EFFECTIVE IMMEDIATELY UPON POSTING NOTICE OF SUCH CHANGES ON THE BIMBIT SITE. BIMBIT MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR USE OF THE SERVICE, AS PROVIDED IN SECTION 7 BELOW. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

7. TERMINATION

7.1 We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.

7.2 Termination of this Agreement shall not relieve you of any obligations to pay charges accrued prior to such termination.

7.3 Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. If such termination occurs in the middle of your subscription period and you have not exhausted the downloads permitted to you under the applicable payment plan, we shall refund to you a share of your prepaid subscription fee for the period prorated for the number of remaining unused downloads.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Only you may access the Service using your Username, unless otherwise agreed to in writing by Bimbit. The content available through the Service is the property of Bimbit or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of Bimbit. You agree to indemnify and hold harmless Bimbit for your failure to comply with this Section 8.1.

8.2 The trademarks, logos, and service marks displayed on the Bimbit Site, including, but not limited to, BIMBIT and MOOSIC (collectively the "Trademarks") are the registered and/or unregistered trademarks of Bimbit, Bimbit' licensors and suppliers, and others. The Trademarks may not be used in connection with any product or service that is not Bimbit', in any manner that is likely to cause confusion with customers, or in any manner that disparages Bimbit. Nothing contained on the Bimbit Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Bimbit, Bimbit' licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Bimbit will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

8.3 You acknowledge that Bimbit retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or Trademarks with respect to the Bimbit Site, the Service or the Materials, and Bimbit reserves all rights not expressly granted hereunder. You shall promptly notify Bimbit in writing upon your discovery of any unauthorized use or infringement of the Bimbit Site, the Service or the Materials or Bimbit' patents, copyrights, trade secrets, Trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

9. SUBMISSIONS AND POSTINGS

Please note that, because we and our designees host message boards and other forums / blogs found on the Bimbit Site (collectively, the "Forums" / "Blogs") and, therefore, redistribute materials you give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Bimbit Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

10. FORUMS / BLOGS

Information on our Forums / Blogs is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Bimbit. You acknowledge that a large volume of information is available in our Forums / Blogs and that people participating in such Forums / Blogs occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Bimbit Site or Forums / Blogs by third parties, whether such third parties are visitors to the Bimbit Site, members of the Bimbit community or others. The opinions expressed in the Forums / Blogs reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Bimbit. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Bimbit Site. We have no obligation to monitor the Bimbit Site or the Forums / Blogs, or any Submissions or other materials that you or other third parties transmit or post on the Bimbit Site or the Forums / Blogs. You acknowledge and agree that we have the right (but not the obligation) to monitor the Bimbit Site and the Forums / Blogs and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum / Blog); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Bimbit Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

11. DISCLAIMER OF WARRANTIES

THE BIMBIT SITE, THE SERVICE AND THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIMBIT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. BIMBIT AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE BIMBIT SITE, THE SERVICE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BIMBIT SITE, THE SERVER(S) ON WHICH THE BIMBIT SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE BIMBIT SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE BIMBIT SITE, THE SERVICE AND THE MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF BIMBIT OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE BIMBIT SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE BIMBIT SITE, THE SERVICE AND THE MATERIALS ARE ENTIRELY AT YOUR OWN RISK.

iPod, iPod Mini, iPod Photo and iTunes are registered trademarks owned by Apple Computer Inc.. Bimbit is not produced or endorsed by Apple Computer Inc.. All other products names and icons are trademarks of their respective holders. Bimbit is not responsible for the availability and correctness of the information provided nor responsible for any damage that may occur to your equipment or you by using the published information.

A possibility exists that the Bimbit Site, Service, Materials or Forums / Blogs could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Bimbit Site, Service, Materials or Forums / Blogs. Although we attempt to ensure the integrity of the Bimbit Site, we make no guarantees as to the Bimbit Site's completeness or correctness. In the event that a situation arises in which the Bimbit Site's completeness or correctness is in question, please contact us using our with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Bimbit Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement," below.

12. LIMITATION OF LIABILITY

NEITHER BIMBIT NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE BIMBIT SITE, THE SERVICE, THE MATERIALS, AND/OR ANY LINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE BIMBIT SITE, THE SERVICE, THE MATERIALS AND/OR ANY LINKED SITE IS TO STOP USING THE BIMBIT SITE, SERVICE, MATERIALS AND/OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BIMBIT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE BIMBIT SITE.

13. INDEMNITY

You agree to defend, indemnify and hold Bimbit harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your Username. Bimbit may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.

14. LINKS

The Bimbit Site contains links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by Bimbit. Bimbit has not reviewed all of the web sites that are linked to the Bimbit Site, and Bimbit has no control over such sites. Unless otherwise explicitly stated, Bimbit is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Bimbit offers such links does not indicate any approval or endorsement of any material contained on any linked site. Bimbit is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Bimbit Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

15. CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law and Copyright Act of 1987 under Malaysia copyright law. If you believe in good faith that materials hosted by Bimbit infringe your copyright (for example, materials posted on the Bimbit Site), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Bimbit Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Bimbit to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Bimbit against you, the DMCA permits you to send Bimbit a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/ and http://www.mipc.gov.my/  copyright for details. Notices and counter-notices with respect to the Site should be sent to Bimbit, Attn: Legal Department, Bimbit.com Sdn Bhd, 11-3, Plaza Danau 2, Jalan 2/109F, Taman Danau Desa, 58100 Kuala Lumpur, Malaysia. Tel: 603-79825264 Fax: 603-79825579 , or send email. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

16. JURISDICTIONAL ISSUES

We make no representation that products or services available on or through the Bimbit Site are appropriate or available for use in other locations other than the Malaysia . Those who choose to access the Bimbit Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. By downloading or using any Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

We reserve the right to limit the availability of the Bimbit Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.

17. RULES FOR SWEEPSTAKES, CONTESTS AND GAMES

Any sweepstakes, contests or games that are accessible through the Bimbit Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests and games.

18. ARBITRATION

Any dispute relating in any way to this Agreement or to your visit to the Bimbit Site shall be submitted to confidential arbitration in Malaysia., except that, to the extent you have in any manner violated or threatened to violate Bimbit' intellectual property rights or other proprietary rights or the licenses granted pursuant to this Agreement, Bimbit may seek injunctive or other appropriate relief in any state or federal court, and you irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Malaysian Arbitration Association. The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any term or provision of this Agreement, to rule upon or grant any extension, renewal or continuance of this Agreement, or to award damages or other remedies expressly prohibited by this Agreement, including, without limitation, punitive or exemplary damages. 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 under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If, as a matter of law, the foregoing arbitration provision is not enforceable as to a particular claim brought by one party against the other, then that claim shall be instituted solely in a court situated in Kuala Lumpur, Malaysia.; for this purpose, both you and Bimbit irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts.

19. ACCESS BY MINORS

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff.org/pub/Censorship/Ratings_filters_labeling) and of America Links Up (http://www.netparents.org/parentstips/browsers.html). Also, please see http://www.linspire.com/surf_safe_info.

20. REFUND POLICY

Digital Downloads / truetones ("Content") / Wallpapers / Themes / JAVA Games / MMS ("Content") / PolyPhonics. All Content provided and sold by Bimbit by means of electronic (Online / Mobile ) download to customers shall not be refunded. There shall also be no cancellation of any orders for Content once the order has been placed and the payment process has commenced. Bimbit may at its sole discretion allow refunds in the event that a download is unsuccessful. The refund request must be sent to our Customer Service Center at support@Bimbit.com citing the reasons for the inability to download. If a refund credit has been processed by Bimbit but does not appear on your credit card, please contact the bank that issued your credit card. In the event that a successfully purchased track has been lost by a customer as a result of a crash of the customer hard drive or such similar occurrence, Bimbit may re-issue the customer license so as to enable the customer to re-download the track up-to THREE (3) times. This right to re-issue however, is reserved to Bimbit at its sole discretion.  

21. MISCELLANEOUS

This Agreement is governed by and construed in accordance with the laws of Malaysia , without regards to its principles of conflicts of law. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between Bimbit and you relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between Bimbit and you with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Bimbit' prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

22. QUESTIONS

The Bimbit Site is provided by Bimbit.com Sdn Bhd. If you have any questions, comments or complaints regarding this Agreement, the Bimbit Site or the Service, feel free to contact us at Bimbit.com Sdn Bhd, 11-3, Plaza Danau 2, Jalan 2/109F, Taman Danau Desa, 58100 Kuala Lumpur, Malaysia. Tel: 603-79825264 Fax: 603-79825579 or email support@Bimbit.com.