Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY IN PROCEEDING WITH THE COMPLETION OF YOUR REGISTRATION BECAUSE THEY CONTAIN THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICES AND OUR PRIVACY POLICY AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU USE OR ATTEMPT TO USE OUR WEBSITE OR OUR SERVICES, YOU WILL BE SIGNIFYING YOUR AGREEMENT TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE CONTACT CUSTOMER SERVICE 888-574-0213 WITH ANY QUESTIONS. THANK YOU.
These Terms of Use represent and contain the terms and conditions that constitute the legal agreement ("Agreement") between you and One North America Inc. ("LEO") regarding your use of the LEO Website and all Downloads (defined below) that are effected via SMS, Wap Push, over the world wide web or via WAP (collectively, the "Service"). Our Privacy Policy and our Subscription Info as well as any and all additional terms and conditions that we indicate apply to your use of our Services are all part of your legally binding Agreement with us regarding our Service. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. LEO reserves the right to deny registration of any individual to the LEO Services and to deny access to any Site.
Notice
LEO may at any time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at www.leo.net. Once posted, these changes become effective immediately. If you use our Service after we post notice of a change, you will be bound by the change. You should check back periodically and read these Terms of Use, our Privacy Policy and if applicable to you, our Subscription Info, so you remain aware of the terms and conditions of your agreement with us at all times. If you do not agree to be bound by (or cannot comply with) the Agreement as amended or supplemented, your only remedy is to cancel your subscription and/or account on the LEO Website. All other terms of this Agreement will continue in effect.
Description of service
The Services are available at websites on the world wide web owned and/or operated by LEO or its affiliates (the “Sites”) and includes everything on the Sites that may exist from time to time, including, without limitation, downloadable mobile entertainment, such as ringtones, wallpapers, screensavers, software, games, videos and text alerts (collectively, the “Downloads”). Once properly registered and after making proper payment, you will be permitted to download to compatible wireless telephones and other compatible devices certain Downloads through the Service. After purchasing a content piece, you will have 24 hours in which to retry to download the content.
PLEASE NOTE ALL SERVICES, ARE PAID SERVICES.
Registration terms
You agree that you will use the Service only in the country where you currently reside. You agree to provide current, complete and accurate registration data at the time you register and that you will update your registration data as necessary to keep it current, complete and accurate in the "Register" area of the LEO Website. LEO will use your registration data in accordance with its Privacy Policy, which you should review on the LEO Website at “Privacy”. Please review this Privacy Policy before you complete the registration process or attempt to use or access the Service.
Age Requirements
Our Service is offered and made available only to users 13 years of age or older. You must be 16 years of age or older to become a Subscriber without the consent of a parent and if you are under the age of 13, you may not become a Subscriber or access or use our Services at all. If you are at least 13 years old, but under the age of 16 you are considered a “Minor” and may solely become a Subscriber with the consent of your parent or legal guardian. In such situations, we require your parent to agree to these Terms of Use themselves and on your behalf. If you are a parent registering or subscribing on behalf of a Minor, you are agreeing to be fully responsible for the Minor and to comply with these Terms of Use. If you are a parent and do not agree with these Terms of Use, do not allow your Minor to use our Service.
Problems receiving Downloads
If you order a Download and have problems, so that you are unable to download it, let us know immediately by filling out our Contact Form which you can find on the LEO Website in the “Help/Faq” section. If we don't hear from you within seven days from the first date that the download was attempted, you will have been deemed to have successfully received the Download.
Refund policy
A refund of the credits used to download content will be issued solely in case of technical issues that result in an inability of the user to receive their content. Such issues may be corrupt files, system errors, or other unforeseen difficulties that may arise. If you choose a phone or carrier we do not support, if you do not have text messaging and/or Internet enabled on your phone, or if you are not satisfied with the actual product that has been correctly delivered then YOU SHALL NOT BE ENTITLED TO A REFUND.
LEO does not enroll customers into subscription plans without consumers’ knowledge or consent in compliance with online marketing laws and industry regulations in the US. All opening text messages from LEO clearly inform potential subscribers that there is a charge associated with activating their subscription and therefore LEO does not falsely advertise subscription content as “free”. Taken these steps to prevent unwanted subscriptions and streamline the way in which consumers may cancel their service YOU SHALL NOT BE ENTITLED TO A REFUND IN CASE OF REGULAR SUBSCRIPTION.
LEO excludes minors of the age under 16 from subscribing to our services without parental permission before subscribing. In case minors subscribe to the services without such permission do so in breach of our subscription policy. Subsequently LEO will cancel such subscription of a minor upon request from parents or legal tutor, but without entitling them to a refund.
Accounting Information
We will not share or use any details from your payment (except to arrange and/or clarify payment terms) with anyone outside LEO and various third party partners involved.
Use of Service
You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time. The service is for your personal and non-commercial use.
You acknowledge and agree in a binding end user license agreement that: (i) the Product concerned may not be exported, copied, forwarded, or otherwise shared with others; and (ii) you consent to have the foregoing limitations on use enforced through technological means via the applicable security solution and/or DRM settings.
When you buy a product or service from LEO, we will charge you the price that is advertised at that time. We may periodically change the advertised price at our sole discretion.
You can use any of the following methods of payment at LEO: Pay-by-Phone (AT&T, T-Mobile, Sprint, Verizon Wireless, Nextel, Boost, Alltel, CellularOne) or by making a purchase from www.leo.net that is billed to a cell phone account, you confirm you are the owner of the phone or have permission of the owner to incur these charges.
LEO's rights to make certain Downloads available to you may expire. In such event, LEO will not deliver to you the license necessary to play back any such Downloads after the end of the period in which such rights expire. If LEO ceases making any such rights available, LEO will not refund any portion of your fees, but you may contact customer support to the address below to receive appropriate replacement rights.
SUBSCRIPTION / CHARGES / BILLING
Our subscription plan provide you with a specific number of WAP and SMS service credits which we allocate to your User ID (we will refer to the unique combination of your password together with your mobile phone number once you subscribe, as your “User ID”) each month while your subscription is in good standing, and which you may exchange for the right to receive or access a specified number of downloads of content for a fixed monthly subscription fee.
Once you become a subscriber by completing the subscription process, you must pay the subscription fee each month to maintain your subscription in good standing, regardless of whether you actually download any content or use our subscription services during that or any other monthly period. When you use them, your available credits will be reduced by the amount you use, until you have used up all of your allocated credits for that month or the calendar month ends. If you do not use all your allocated credits within a given month, any unused credits for that month will expire and void. You may not roll over or carry forward any credits to the next or any following months.
If you transfer your wireless or mobile device number to another carrier or change your wireless device or service in any way, your subscription will be modified to reflect the availability of Downloads, that may vary from one carrier to another, and features that are available from your new wireless carrier, on your new device and/or applicable to the new wireless or mobile service you have selected. So that this is clear, you should be aware that some or all of the same portions of our Subscription Services may not be available when and if you make such changes.
While you retain the right to terminate your subscription as described in this Subscription Agreement, unless or until you do, we will adjust your subscription to reflect your new choice of carrier, device or other change and you will continue to be a Subscriber and, if applicable, billed through your new carrier.
Obviously if you change to a carrier with which we do not have any relationship, we will have no choice but to cancel and terminate your subscription automatically and without any further notice once the change becomes effective. If you do make changes, we will not impose any additional fees or charges to your subscription simply because you made the changes, but you also acknowledge and agree we are not obligated to provide you with a refund or credit of any kind.
LEO shall not be held liable in case you purchase a new USIM/SIM Card, subsequently get assigned a new telephone number (“MSISDN”) from a carrier and this MSISDN contains a subscription in good standing, nonetheless you did never subscribe to the services. Clearly you have the right to terminate the subscription as described in this Subscription Agreement, but YOU SHALL NOT BE ENTITLED TO A REFUND.
By completing the registration process, you authorize LEO to charge the appropriate fees (including taxes or premium surcharges) to your mobile telephone invoice, as selected by you, and if you select the monthly fee subscription plan, you authorize the continued billing each month until you cancel such subscription. Other charges may apply. If you cancel your account or subscription for any reason, LEO will not refund any of your fees paid to date. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (each, a "Subscription Month"). We will issue a charge to your cell phone invoice on the first day of each Subscription Month.
The charges will be billed to your wireless phone bill or deducted from your prepaid balance. You confirm you are the owner of the phone or have permission of the owner to incur these charges. If you are under 16 you confirm that you have parental permission and consent to incur these charges. You understand that you will be charged these fees regardless of whether you use your credits. Do not enter your personal password unless you have read, understand and agree to these terms and conditions. Customers may stop this subscription service by sending the word STOP in a text message to number 69536 or by contacting Customer Care (888-574-0213).
We currently offer the following subscription plan. Pricing and credit may vary by carrier. Please consult our Subscription Info for more specific details.
King Plan: $9.99 per month, includes 20 credits to download ringtones, graphics, videos, games, etc.. Credits can also be used to get one or more of our text services. Charges will be billed to the user's mobile phone bill. Other charges may apply. To cancel, text STOP to 69536. For more information, text HELP to 69536, email us from www.leo.net or call 888-574-0213.
All fees are subject to change upon notice from LEO. LEO 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 will have 10 days from such notice to cancel your subscription and/or your account.
Credits required to download content vary as follows:
- 1 credit: graphics (wallpapers, screensavers, etc.)
- 2 credits: games, software, videos, polyphonics, sound effects
- 3 credits: realtones
- 10 credits: 30 text alerts
After purchasing a content piece, you will have 24 hours in which to retry to download the content.
Objectionable or Explicit Content
LEO is not responsible to you for any content or materials constituting all or part of any Downloads or any other aspect of the Service that you might find objectionable or contains explicit sexual content.
International Considerations
Currently, the Service is only available to residents of the USA. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of such territory.
Copyright
LEO respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please send a notice to customer service representative by email from www.leo.net.
If LEO (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates LEO's or others' intellectual property rights, LEO may, in its sole discretion, suspend or terminate your account with or without notice to you. If LEO suspends or terminates your LEO account under this paragraph, it shall have no liability or responsibility to you, and LEO will not refund any portion of your fees charged to date.
Your payment constitutes a permanent non-exclusive license to use the Downloadable downloaded from the LEO Website. The license is personal to you for the exclusive use on the mobile device on which you downloaded the Downloads of LEO, so you cannot transfer these products to anyone else or to another mobile device. If you do, you will liable to pay compensation and costs to both LEO and various third partners.
Trademarks
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of LEO and/or its partners, parents, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display or use any of these marks without prior written permission of LEO.
No Resale
In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Service (or any Downloads accessible on or through the Service), or your user name or password.
Links to Third Party Sites
The Service may present links to retailers and/or other third-party websites not owned or operated by LEO. These links are provided only as a convenience to you. Neither LEO nor its partners, agents, affiliates, etc. are responsible for the availability of these outside sites or their contents. You understand and agree that neither LEO nor its partners, agents, affiliates, etc. are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.
Modifications to Service
LEO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) giving notice to you if possible. You agree that neither LEO nor its partners, parents, subsidiaries, agents, affiliates and/or licensors etc. shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Remedies
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to LEO nor its, partners, parents, subsidiaries, agents, affiliates and/or licensors etc. for which money damages would be inadequate, and in such event LEO its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that LEO nor its, partners, parents, subsidiaries, agents, affiliates and/or licensors etc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
Termination, Cancellation and Plan Changes
LEO may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you. If LEO terminates this Agreement, or suspends your account it shall have no liability or responsibility to you,. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with LEO. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or LEO's enforcement or application of the same; (2) any policy or practice of LEO, including its Privacy Policy, or LEO's enforcement or application of these policies; (3) the Downloads or the Messaging Systems; (4) your use of and/or ability to access and use the Service; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Quality assurance surveys
Upon opting out, users may be asked for feedback via txt message, direct call or e-mail, for quality assurance purposes.
Governing law and Litigation
Your use of our Service and these Terms of Use, shall be governed, construed and enforced under the laws of the State of New York, USA. You unconditionally and irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of New York, USA. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
DISCLAIMERS
Warranties and Limitations on Liability
THE LEO SERVICE, MATERIALS AND WEB SITE, INCLUDING BUT NOT LIMITED TO SERVICES AND MATERIALS SUPPLIED BY THIRD PARTIES THROUGH LEO, ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE FURTHER DISCLAIM THAT OUR SERVICE WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION.
We warrant that: once downloaded, the Downloads will operate until removed by you or a person to whom you have given access to the mobile telephone to which the Downloads were delivered; we are entitled to license you to use the Downloads for your personal use on your mobile telephone and that no third party will take action against you in respect of that use; because you have chosen the Downloads and have had the opportunity to review them prior to purchase, we accept no liability if the Downloads are in any way found to be of unsatisfactory quality or otherwise not suitable for your particular purpose;
YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR OR ASSIGNEE, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, PROMOTIONAL PARTNERS, WIRELESS OR MOBILE CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING FROM OUR SERVICE OR YOUR USE OF OUR SERVICE, REGARDLESS OF THE FORM OF ACTION, LEGAL THEORY OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF REMEDY, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE ARE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED UNDER THIS AGREEMENT, AT LAW AND IN EQUITY;
Our entire liability for any claim concerning its performance or non-performance in connection with this Agreement or the conduct of the parties in furtherance hereof under any legal theory, whether contract, tort, product liability, breach of implied duty or otherwise shall be limited to the amount charged for the Downloads. If you have any questions or comments, please let us know by completing our Contact Form on www.leo.net.
IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH OUR SERVICE OR YOUR AGREEMENT WITH US, TERMINATION OF YOUR SUBSCRIPTION, REGISTRATION AND/OR USE OF OUR SERVICE IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU AGREE WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES DO WE HAVE ANY OBLIGATION TO REFUND ANY MONIES YOU PAID US.
Indemnification
You agree to defend and indemnify LEO, any parent, subsidiary and affiliate, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, promotional partners, wireless or mobile carriers, operational service providers and suppliers against any and all demands, claims and actions (including, without limitation, any claim you improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) (“Claims”). You also agree to hold LEO harmless from and against all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from your breach or violation of these Terms of Use or your violation of any law or regulation or infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defence and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with LEO.
Law and Legal Notices
This Agreement and any other terms or documents referred to herein represent your entire agreement with LEO 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. 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. LEO 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.
All LEO services are provided by One North America Inc.. The information is correct up to the 19th March 2008 and is subject to change without notice upon the publication of the new terms and conditions in this space. Please direct any questions concerning the Service or any other LEO-related issue, to a LEO customer service representative by e-mail from our website www.leo.net.
PLEASE NOTE: SUBJECT TO CHANGE WITHOUT NOTICE.
