Terms of Service

Any person ("User") accessing http://www.stuff4myphone.com ("Site") agrees to the following:

The Stuff4MyPhone.com logo and name are trademarks of dprEnterprises ("dprEnterprises"). Original content of this Site, its mechanisms and programs are copyrighted property of dprEnterprises. All rights reserved. The information and original content presented here may not under any circumstances be reproduced or used without prior written permission.

Downloadable content on this Site is either public domain, or property of its respective owners. Downloadable content may not be linked externally without prior written permission. Any attempt to circumvent protection measures against such linking will be considered a violation of these terms and be prosecuted as "hacking" under US law.

Users may view and download material from this Site only for the following purposes: (a) for personal, non-commercial home use; (b) to evaluate the performance and compatibility of this website with User's particular client/phone; (c) where the materials clearly state that these materials may be copied and reproduced according to the terms stated in those particular pages; or (d) with the express written permission of dprEnterprises. In all other cases, you will need written permission from dprEnterprises to reproduce, republish, upload, post, transmit, distribute or publicly display copyrighted original content from this website.

Users agree not to use the Site for sale, trade or other commercial purposes. Users may not use language that is threatening, abusive, vulgar, discourteous or criminal. Users also may not post or transmit information or materials that would violate rights of any third party or which contains a virus or other harmful component. dprEnterprises reserves the right to remove or edit any messages or material submitted by Users.

Users agree not to attempt to circumvent access restrictions to this Site. This includes, but is not limited to creating multiple identities (user accounts) or attacking the Site's integrity by exploiting suspected vulnerabilities in the Site's operating program. Users or Accounts discovered attempting to exploit this site or its systems or resources may be blocked or terminated at the discretion of the Site operator. Offenders waive all privacy rights and may be reported to their internet or email services providers.

dprEnterprises is not responsible for material submitted to the Site or posted in chatrooms, download-areas or on bulletin boards by Site Users. By communicating with dprEnterprises, however, Users grant dprEnterprises permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose dprEnterprises chooses, commercial, public or otherwise, without compensation whatsoever.

The materials in this Site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, dprEnterprises disclaims all warranties , express or implied, including, but not limited to, implied warranties of compatibility, merchantability and fitness for a particular purpose. dprEnterprises does not warrant or represent that the information is accurate or reliable or that the Site will be free of errors or viruses.

Under no circumstances, including but not limited to negligence, will dprEnterprises be liable for special or consequential damages that result from the use or inability to use the materials in this Site. In no event shall dprEnterprises' liability to a User for any loss, damage or claim exceed the amount paid by the user for accessing this Site.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of the Stuff4MyPhone.com Site and destroying all materials obtained from it.

Legal Mumbo Jumbo

Stuff4MyPhone Terms of Use Stuff4MyPhone'S TERMS AND CONDITIONS Welcome to www.stuff4myphone.com! IMPORTANT: IN ORDER TO USE STUFF4MYPHONE.COM’S SERVICE, YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS (THIS "AGREEMENT") AND ACCEPT THIS AGREEMENT BY CLICKING "I AGREE" ON THE PAGE DIRECTLY BELOW THESE TERMS INDICATING THAT YOU UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS STATED HEREIN OR YOU COMPLETE THE REGISTRATION PROCESS AND HAVE ACTIVATED A USER ID AND REGISTERED AN EMAIL ADDRESS WITH US. THE CONTENT ON THIS SITE IS SPECIFICALLY FORMATTED FOR MOTOROLA HANDSETS! USERS OF OTHER MANUFACTURER'S HANDSETS MAY NOT BE ABLE TO ACCESS THIS SITE DIRECTLY FROM THEIR MOBILE HANDSET'S WEB BROWSER. WHILE WE MAKE EVERY EFFORT TO PROVIDE SERVICE THROUGH STANDARD WEB BROWSER IMPLEMENTATIONS, WE DO REQUIRE THE USE OF COOKIES IN THE MEMBER'S ONLY SECTIONS AND THEREFORE SOME MOBILE HANDSETS MAY NOT BE ABLE TO LOG IN DIRECTLY FROM THEIR HANDSET. ACCEPTANCE OF THESE TERMS DOES NOT CONSTITUTE AN AGREEMENT ON OUR PART TO PROVIDE SERVICE FOR ANY MOBILE HANDSET. YOUR USE OF THIS SERVICE IS "AS AVAILABLE" ONLY. This Agreement represents a contract between you and Stuff4MyPhone.com, ("www.stuff4myphone.com") and governs your use of the www.stuff4myphone.com website, all Content (defined below) and all your activity on the www.stuff4myphone.com website (collectively, the "Service"). By completing the registration process and accepting this Agreement, you represent that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions found in this Agreement, do not click the "I Agree" button below and do not continue the registration process or attempt to access the Service. Notice www.stuff4myphone.com may, from time to time, amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at http://www.stuff4myphone.com. If you do not agree to be bound (or cannot comply with) the Agreement as amended, your only remedy is to cancel your www.stuff4myphone.com subscription and/or account and to discontinue your use of the Service. You will be deemed to have accepted this Agreement as amended thirty (30) days after the amended agreement is posted and/or if you continue to use the Service after such amendment. Content a. Content. The Service is available at the www.stuff4myphone.com website and includes everything on the site that may exist from time to time. The Service allows you to upload and download mobile entertainment, including, without limitation, ringtones, games, graphics and various other media (collectively, the "Content"). b. www.stuff4myphone.com does Not Screen Content. www.stuff4myphone.com does not pre-screen Content posted on the www.stuff4myphone.com Service, except for the following limited exceptions: (i) www.stuff4myphone.com segregates images posted to the Service when we are expressly notified they contain nudity into "adult" categories, and (ii) www.stuff4myphone.com may remove Content pursuant to the procedures described in this Agreement. Except for these two limited exceptions, www.stuff4myphone.com does not and has not screened any content in our galleries. c. Responsibility for Content. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity posting that Content. You agree that you, and not www.stuff4myphone.com, are entirely responsible for all Content that you upload, post, send to your mobile phone, email or otherwise transmit via the Service. You further agree that, you either own or have sufficient rights in the Content to upload or post such Content. www.stuff4myphone.com does not control the Content posted on the Service, and does not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. d. License to Content. With respect to any Content posted by or in connection with the Service, except for Licensed Ringtones you grant www.stuff4myphone.com a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the Service. Such license shall apply with respect to any form, media, or technology now known or later developed. With respect to Licensed Ringtones, you agree to the terms stated above and understand that the use and distribution of such Licensed Ringtones shall be governed by the licenses with the various publishers who control the intellectual property rights to such Licensed Ringtones. e. File Size and Maximum Space Allocation. You agree to abide by the file size and type restrictions and acknowledge that any and all content uploaded may be deleted without prior consent or notice should the uploaded files be inconsistant with our policy. There may be limits imposed as to the cumulative space allocation each member shall receive and that you will not be permitted to upload content that would exceed any limits imposed now or in the future. Registration Use of the Service, including sending content to mobile phones, requires that users provide certain data, entered in forms on the Service, in registration pages, or otherwise ("Data"). In consideration of use of the Service, in providing Data, you represent and warrant that the information is true, accurate, current, and complete (apart from optional items). Passwords and User IDs You are responsible for maintaining the confidentiality of any password and user ID issued to you, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify www.stuff4myphone.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.stuff4myphone.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Fees and Payments (if any, or if established in connection with the service now or in the future) You shall be responsible to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by www.stuff4myphone.com or by any vendor or service provider. At its sole discretion, www.stuff4myphone.com reserves the right at any time to offer membership(s) on the Service free of charge, at a discount or to provide premiums and promotions as a membership incentive. All fees and charges shall be charged to the credit card provided as part of the registration process if required and you agree to pay such charges. You shall also pay any applicable taxes relating to use of the Service through your account. For your convenience and to ensure that your access to the Service remains uninterrupted, unless we hear from you, we will automatically renew your membership(s) at the expiration of the then-current term. If you elected to pay for the Service by providing www.stuff4myphone.com with your credit card, www.stuff4myphone.com will charge your card on file for the cost of another term at the then-current rate using the information you previously provided us on our web site. You will not be notified in advance of your impending renewal. www.stuff4myphone.com reserves the right to increase the price of your membership(s) on the Service upon renewal without notice to you. If you wish to cancel your renewal(s) for any reason, you may do so by notifying www.stuff4myphone.com within sixty (60) days of the date of billing and the renewal charge(s) will be refunded in full. Prohibited Conduct a. You agree that you will not use the Service to upload, post, email, otherwise transmit, or post links to any Content, except for Licensed Ringtones, that: you do not have the legal rights to (either by ownership or by having a valid license); violates or misappropriates any intellectual property right, including copyright, trademark, trade secret, and patent rights; is illegal under applicable law or regulation or promotes illegal activity; or violates any contractual, employment, or fiduciary relationship (including obligations to keep information confidential) you are subject to. b. You agree not to use the Service in a manner which is abusive or harassing to any other user. c. You agree not to collect or store personally identifying information about other users for commercial or unlawful purposes. d. You agree not to impersonate any person or entity, including, but not limited to, a www.stuff4myphone.com official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to employ misleading email addresses or mobile numbers or falsify information in the header, footer, return path, or any part of any communication. e. You agree not to engage in any activity which may compromise the stability or availability of the Service or use the Service to compromise the availability or stability of any third party site or service. f. You agree not to use the Service for any unsolicited advertising or promotions. g. You agree not to upload, post, email, otherwise transmit, or post links to any Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service or any third party software, site, equipment or service. h. You may not use automated means, including spiders, robots, crawlers, or the like to download data from any Service database. i. You may not circumvent any security measures or any payment collections methods employed on the Service, or access the Service after your account or access has been terminated by www.stuff4myphone.com. j. You may not decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Service. Objectionable Materials You acknowledge and agree that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will www.stuff4myphone.com be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Service. Disclosure You expressly acknowledge and agree that www.stuff4myphone.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of www.stuff4myphone.com, its users and the public. You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Responsibility for Minors Be aware that while the Service is intended for general audiences, because users are responsible for posting content, adult material may appear on the Service from time to time, and as such where there is mature or adult content, individuals who are less than 18 years of age, or are those not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There may also be other areas of the Service not open to persons under 18 years of age, or require parental consent for access. In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Services; and (iii) the consequences of any misuse by the minor. Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available. YOU ACKNOWLEDGE THAT SOME AREAS OF THE www.stuff4myphone.com SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. www.stuff4myphone.com depends on its users to locate and flag material which may be inappropriate in order to classify it as adult, however because www.stuff4myphone.com does not (and could not, given the volume of material) screen all Content, www.stuff4myphone.com will not be responsible for adult material posted by users. www.stuff4myphone.com does not screen content, so will not be held responsible if you publish adult content. If you publish material that may be considered "adult" material, including any images containing nudity or any material which may be considered obscene or offensive, you (a) agree that you will mark such content as "adult" within the Service, and (b) take responsibility for any damages arising from your inclusion of this content. If you fail to do so, and www.stuff4myphone.com is notified of the material, www.stuff4myphone.com may categorize the material as adult, disable your publication privileges, and/or terminate your account in STUFF4MYPHONE.COM’S sole discretion. In any such case, you will remain responsible for any materials you posted to www.stuff4myphone.com and will indemnify and hold harmless www.stuff4myphone.com from any and all damages or losses resulting from such postings. Your Representations, Warranties and Indemnities You represent and warrant that (a) all Content, except for Licensed Ringtones, is either an original work, created by you, a "Work Made for Hire" (as to Licensed Ringtones) or licensed to you under a valid license granting you sufficient rights to use the Content on the Service, and (b) your use of the Service does not infringe any third party intellectual property, proprietary, or other rights. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM COPYRIGHTED WORKS WITHOUT LICENSE IS A VIOLATION OF THIS AGREEMENT AND IS STRICTLY PROHIBITED. By using the Service you agree to indemnify Stuff4MyPhone.com, and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from (a) your use of the Service, (b) or your submission of ideas and/or related materials to the Service, (c) from any person's use of any account or password you maintain with the Service regardless of whether such use is authorized by you, and (d) any breach of this Agreement. Release By using the Service, you are hereby agreeing to release www.stuff4myphone.com and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Service or to any disputes regarding use of materials submitted to the Service. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Disclaimer of Warranties THE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, www.stuff4myphone.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, www.stuff4myphone.com DISCLAIMS ANY WARRANTIES FOR INFORMATION, DATA, CONTENT, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE ("MATERIALS"). YOU EXPRESSLY UNDERSTAND AND AGREE THAT www.stuff4myphone.com DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE MATERIALS. www.stuff4myphone.com DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY MATERIALS. www.stuff4myphone.com DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY MATERIALS, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. www.stuff4myphone.com MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MATERIALS PAGES OR ANY STORAGE OF MATERIALS OFFERED BY www.stuff4myphone.com. YOU UNDERSTAND AND AGREE THAT ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, NETWORK, AND EQUIPMENT AS WELL AS ANY LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you to the extent they are prohibited by law. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL www.stuff4myphone.com OR ITS LICENSORS BE LIABLE TO ANY USER (INCLUDING YOU) OR THIRD PARTY ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE SERVICE OR MATERIALS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF www.stuff4myphone.com OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. STUFF4MYPHONE.COM’S ENTIRE LIABILITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED THE GREATER OF $500 OR THE AMOUNTS RECEIVED FROM THE INDIVIDUAL USER IN THE PRECEDING 12 MONTHS. UNDER NO CIRCUMSTANCES SHALL www.stuff4myphone.com OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, certain limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. No Implied License; Intellectual Property Except as expressly permitted in this Agreement, nothing within the Service shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of www.stuff4myphone.com and its affiliates, licensors, and service providers, as well as other www.stuff4myphone.com users. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by www.stuff4myphone.com in connection with the Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by www.stuff4myphone.com. You agree not to use any of the trademarks or service marks or other Content accessible through the Service for any purpose other than the purpose for which such Content is made available to users by www.stuff4myphone.com. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the www.stuff4myphone.com Service or any software or programs used in connection with the Service. Limitation of Actions You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Service or the inclusion of any Content in the Service must be filed within one (1) year after such claim or cause of action arises, or forever be barred. Governing Law and Forum for Disputes All legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. Changes in Service www.stuff4myphone.com reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the Service. Integration This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between www.stuff4myphone.com and you with respect to the subject matter hereof. Non-Waiver and Severability STUFF4MYPHONE.COM’S failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a tribunal of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this Agreement remain in full force and effect. Independent Contractors You acknowledge and agree that you and www.stuff4myphone.com are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to this Agreement has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. No Assignment You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this Agreement without prior express written authorization of www.stuff4myphone.com. Successors and Assigns Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. Termination and Survival This Agreement shall continue in effect for as long as you use the Service, unless specifically terminated earlier by www.stuff4myphone.com. All provisions of this Agreement which impose obligations continuing in their nature shall survive termination of this Agreement. Communications with Users You agree that you may receive notices from www.stuff4myphone.com by any of the following methods: by email, SMS or other message to your mobile number, by postal mail, or by notice posted on the Service. www.stuff4myphone.com reserves the right to communicate with you regarding your use of the Service. Export Control Certain software, and related documentation or technical information, available through the Service is subject to applicable laws and regulations of the United States pertaining to export controls. By using or downloading such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions. Copyright Infringement Notices It is STUFF4MYPHONE.COM’S policy to respond expeditiously to claims of intellectual property infringement. www.stuff4myphone.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Please read this section carefully if you are submitting notice of alleged infringement by a user. Upon receipt of notices complying or substantially complying with the DMCA, www.stuff4myphone.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. www.stuff4myphone.com will terminate access for subscribers and account holders who are repeat infringers. You may submit a notice electronically by emailing webmaster@rousso.net, All written notices must include, at a minimum, the following: Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity. Information reasonably sufficient to permit www.stuff4myphone.com to contact you, such as an address, telephone number, and, if available, an electronic mail address. A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notice 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. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of notification of claimed copyright infringement, www.stuff4myphone.com will follow the procedures outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C. §512). Failure to include all of the above-listed information may result in a delay in processing the complaint. When www.stuff4myphone.com removes or disables access to any material claimed to be infringing, www.stuff4myphone.com may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although www.stuff4myphone.com makes no promise to do so. You acknowledge that, in cases where you have supplied infringing Content, www.stuff4myphone.com may disclose your identity if www.stuff4myphone.com believes in good faith that such disclosure is required by law. Any and all counter notifications submitted by the user will be furnished to the complaining party. www.stuff4myphone.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before www.stuff4myphone.com replaces or restores access to any material as a result of any counter notification. www.stuff4myphone.com occasionally receives requests to remove Content. You acknowledge that we may remove any Content from the Service, including your Content, if the posting of that Content violates this Agreement, or if you have violated this Agreement. Violations of Agreement Should you violate this Agreement or any other rights of www.stuff4myphone.com, www.stuff4myphone.com reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Service.