By accessing and using this website ("www.shradbyte.com"), its content and the Service (as hereinafter defined) you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first use the Website, its content and the Service. Shradbyte reserves the right to change these terms and conditions at any time by posting changes online without prior notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. By using this Website, its content and the Service you agree in advance to accept any changes. All references to Shradbyte in these Terms and Conditions other than the reference to the word Shradbyte as a trademark in the Trademark Notice below shall mean Shradbyte, a Computing Sdn Bhd product.
If you do not agree to these Terms and Conditions, please DO NOT use the Website, its content and the Service.
Description of Service
The service allows you to preview and download via your Short Message Service ("SMS") 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 Shradbyte to you "Service") 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.
Shradbyte currently provides users with access to a rich collection of resources, including mobile content, mobile news and mobile information and entertainment services (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Shradbyte to provide the Service. You also understand and agree that the Service may include certain communications from Shradbyte, such as service announcements, administrative messages, the monthly SMS membership fee, and that these communications are considered part of the membership and you will not be able to opt out of receiving them unless you terminate your account. Any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and thatÂ Anaconda assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that Shradbyte has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
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.
Delivery of Service
After receiving your download request via SMS,Shradbyte will send the Item to the given telephone number. If your download request via SMS is insufficient or incorrect or if Shradbyte for any other reason considers it necessary, Shradbyte has the right to decline to send the Item without further notice to you.Shradbyte shall not be liable in any way for failures, defects or delays in the delivery of the Item.
Termination and Suspension
Anaconda reserves the right to cancel, withdraw, terminate or suspend the Website, its content and the Service for any reason whatsoever at its sole discretion without notice to you. You agree that Shradbyte shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
This Website, its contents and the Service including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes byÂ Shradbyteor its content suppliers and are protected by copyright, trademarks and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website and the Service are the exclusive property of Shradbyte or its content supplier and protected by copyright. All software used on this website is the property of Shradbyte or its software suppliers and protected by copyright.
No Implied Licenses
Nothing contained in this Website, its content and the Service shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright (except as expressly provided in these Terms and Conditions) or any proprietary rights of Shradbyte or its licensors.
Use of Website and Service
The materials used and displayed on this Website, its content and the Service may not be copied, reproduced, republished, downloaded, posted, distributed, disseminated, sold, published, broadcast or transmitted in any way except for your own personal non-commercial use. Any other use requires the prior written permission of Shradbyte. You agree not to adapt, alter or create a derivative work from any of such materials or use them for any other purpose other than for your personal non-commercial use. You agree to use this Website, its content and the Service only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website, its content and the Service by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harrass or cause distress or inconvenience to any person. You will be responsible for and indemnify and hold harmless Shradbyte, it"s related and affiliated corporations, and their respective agents and representatives against any claim arising from any unlawful use of this Website, its content and the Service by you.
This Website may contain links to third party sites.Shradbyte, its affiliated and related corporations are not responsible for the condition or content of those sites as they are not underÂ Shradbyte, its related or affiliated corporations' control. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorisation or sponsorship byÂ Shradbyte, its related and affiliated corporations' of those site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk.Â Shradbyteis not responsible for any transactions you may perform on those sites.
Notwithstanding anything contrary to these Terms and Conditions, this Website, its content, the Service, the information, names, images, pictures, logos, audio and icons regarding or relating toÂ Shradbyte, its products and services or to third party products and services, is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied.Â Shradbyte, its related and affiliated corporations disclaim and exclude all warranties relating to the Service, content, information, services, products or materials included on this Website including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. In no event shallÂ Shradbyte, its related and affiliated corporations, their respective agents and representatives; suppliers, vendors or merchants who have a presence on this Website be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your access, use of, or your inability to access or use the Website, its content and the Service.
Shradbyte, its related and affiliated corporations do not warrant that the functions contained in the material contained in this Website, its content and the Service will be uninterrupted or error free, that defects will be corrected, or that this Website, its content, the Service and the server (s) that makes them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this Website, its content and the Service shall be exclusively subject to the jurisdiction of the courts of Malaysia. If these Terms and Conditions are not accepted in full, the use of this Website, its content and the Service must be terminated immediately. This Website, its content and the Service may be accessed throughout Malaysia and overseas.Â Shradbyte, its related and affiliated corporations make no representation that the content of this Website and the Service complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this Website, its content and the Service from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.