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// Terms & Conditions

CONTENT SERVICE - USER TERMS & CONDITIONS



1.	Important things you should know before we get started

Welcome!

These User Terms set out important information about the terms upon which B33Hive will supply you with access to and use of the B33hive Content Service.  

Please read these terms and conditions carefully. 

By using the Content Service, You agree to comply with and be bound by these User Terms. If you do not agree to these User Terms you should not attempt to access or use the Content Service. 

If you are under the age of 18 you need to ask a parent or guardian to review these User Terms and consent to them on your behalf.

The range and type of Content you can purchase through the Content Service may be limited by the type of Your mobile handset.  The service is supplied primarily for newer mobile phones that use WAP and can handle polyphonic ringtones and colour images.  You will not be able to use the Content Service if you are outside the mobile coverage area served by Your Mobile Provider.  CDMA phones cannot be used with the Content Service. 

These terms apply to all use by You of the Content Service and apply to all sales of Content through the Content Service whether or not the Content was offered to You via the Website, printed advertisements, radio or TV promotions or any other media. 

You should ensure you review the Website regularly so that you are aware of any variations to these User Terms notified by B33hive.

The meaning of the capitalised words used in these User Terms is set out in the Dictionary which appears at paragraph 17.

2.	Service Description

By means of the Content Service B33hive provides Content.  The Content B33hive supplies by means of the Content Service may include Third Party Content.  The Content Service may be expanded to at a later date to allow users to upload and transmit Content and messages to third parties.

3.	Other terms may apply to your use of the Content Service 

In addition to these User terms the following additional terms may apply to your use of the Content Service and you must comply with them:

(a)	Your Mobile Provider Mobile Commerce Terms.  These are available from Your Mobile Provider; and

(b)	In certain circumstances we may make Third Party Content available to you through the Content Service and in some cases access to and use of that Content may be subject to additional terms and conditions.  Where that is the case we will notify you that additional terms apply to the use of that Third Party Content and either provide those terms to you or indicate where you can view a copy of those terms.  

4.	Access Restrictions and Phone Compatibility 

4.1	Access to some of the Content may be restricted to persons above a certain age. Where you are not of the required age You must not access the age restricted Content. 

4.2	You are only eligible to use the Content Service if You have a mobile phone that is capable of receiving Content but which does not enable you to further transfer, copy or distribute the Content to any other device.

4.3	You should consult Your handset manufacturer to determine whether Your mobile phone is capable of receiving and storing the Content before attempting to access or use the Content Service.  B33hive is not responsible (and will not offer refunds) for any Content which You download to an incompatible handset and which you are then unable to use.

4.4	B33hive does not guarantee that a specific item of Content will work on a specific mobile phone.  This is irrespective of whether similar Content has worked on Your mobile phone before.  You acknowledge there is an inherent risk and that each attempted collection and use of Content may result in an incompatibility.  You agree that the cost of testing and assessing compatibility with your mobile phone is your responsibility. 

5.	The Content Service and Your Mobile Provider

5.1	You will be responsible for paying Your Mobile Provider the amounts charged in respect of the Content Service whether or not You actually used or authorised the use of the Content Service.

5.2	You acknowledge and agree that the total amounts charged to You for any Content may vary depending on the particular Content You accessed or used, and who Your Mobile Provider is. 

5.3	B33hive is not responsible or liable for any amount charged to You by Your Mobile Provider in connection with Your use of the Content Service and B33hive does not warrant nor guarantee the accuracy or completeness of any bill rendered to You by Your Mobile Provider. 

6.	Content Purchase, Subscription Packages and Charges

6.1	B33hive may, at its discretion, offer You the opportunity to download individual items of Content or make available packages of Content on a subscription basis.

6.2	The fees payable for an individual item of Content or a subscription package will either be as listed on our Website or as set out in the relevant advertisement (as the case may be).  

6.3	B33hive reserves the right to vary its fees from time to time as well as the  terms, duration and makeup of the subscription packages it offers.

6.4	When ordering new Content, always check the current charges applicable to the Content, as the charges may have changed since You last checked them.  

6.5	If you recommend to a friend the purchase of any Content using our Content Service be sure to remind them to check the relevant charges.

6.6	The fees will be billed to your account (including prepaid account) with Your Mobile Provider.

6.7	If You accept an offer of a subscription package the subscription charge will be charged to at the commencement of the first subscription period and then on commencement of each succeeding subscription period until varied by You or until you cancel Your subscription. 

6.8	If we change the fees, terms, duration or make up of an existing subscription maintained by You, we will provide at least 15 days notice of the change on the Website.  If you do not accept our variations You may cancel your existing subscription and/or your account effective immediately upon termination.  

6.9	A subscription may be terminated at anytime by You by sending STOP to 193030.  Sending STOP to 193030 will cost You 55c.  Further details about stopping your subscription is available at the Website.

6.10	Where a subscription package entitles You to access Content, Your entitlement will be valid for a limited period.  Failure to access Your Content entitlement within this period will cause You to lose your entitlement and no reimbursement is available. It is your responsibility to make sure you use your Content entitlement during each subscription period.  Unless noted otherwise the subscription period is equal to the subscription frequency. 

6.11	B33hive offers Content and Content packages through various media channels including web and WAP and through various brands, such as BuzzWord.  B33hive may not offer the entire range of available Content through a particular brand or media channel.   

6.12	Some subscription packages may contain types of ringtones and images which your mobile phone is unable to receive and/or play.  If this occurs B33hive may, at its discretion, allow you to substitute other Content into your subscription package.  In these circumstances B33hive reserves the right to levy a surcharge, on a per message basis, for the collection of the substituted Content.  This surcharge is currently 55c per message. B33hive reserves the right to vary this surcharge from time to time.  You acknowledge that it may take more than one message to collect a monophonic ringtone, or black and white picture or logo using your mobile phone. 

7.	Your Obligations

7.1	You must use the Content Service in accordance with these User Terms and any other requirements stipulated by B33hive from time to time in respect of any particular Content.

7.2	You must:

(a)	use the Content Service and the Content only for private and/or personal purposes and you must not use the Content Service or any Content for any other purpose; 

(b)	not transfer any Content obtained by means of the Content Service to any other person or otherwise breach any intellectual property rights in or relating to the Content (including copyright); 

(c)	not use the Content Service for any fraudulent, illegal or unlawful purpose; 

(d)	not use the Content Service for the purpose of harassing or intimidating other persons; and

(e)	not use the Content Service in breach of Your Mobile Provider Mobile Commerce Terms.

7.3	If B33hive permits You to use the Content Service for the purposes of uploading Content or transmitting messages to third parties then you agree to the following terms:

(a)	You will retain all rights in any material which You post, upload, input or submit (Submit) to the Content Service for review by or transmission to third parties;

(b)	When you Submit any Content you will automatically grant B33hive permission to use your Submitted Content in connection with the operation of its business, including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted Content; to publish your name in connection with your submission; and the right to sublicense such rights; 

(c)	No fees will be payable to You in relation to any Content which you Submit or for its use by B33hive;

(d)	B33hive will be under no obligation to post or use any Content which you Submit and B33hive may, in its absolute discretion, remove any Content you Submit at any time, without notice to you; and  

(e)	Each time you Submit Content you represent and warrant to B33hive that the Content is not defamatory, obscene or illegal, that the Content is not contrary to the requirements of paragraph 7.2, that You own or otherwise control all of the rights to the Content which You Submit and that the use of it by B33hive will not infringe any third party intellectual property rights. 

8.	Access limitations

8.1	B33hive (or its relevant Third Party Content Providers) may refuse to provide You with access to any Content or otherwise limit or suspend your use of the Content Service if B33hive reasonably considers:

(a)	You are not complying with these User Terms;

(b)	Your mobile phone is not compatible with the Content or the Content Service;

(c)	You are not of the required age necessary to access certain age restricted Content;

(d)	Your access and use of the Content is for fraudulent or other illegal or unlawful purposes;

(e)	You have are or are likely to infringe any of the intellectual property rights in the Content; or

(f)	Your access to or use of the Content is outside or contrary to any limitations B33hive may have specifically specified for that Content or a relevant subscription package.

8.2	If B33hive suspends Your use of any Content Service for contravention of any part of these User Terms, B33hive will not restore it until B33hive is satisfied that there will be no further contravention by You.

9.	Disclaimers about the Content

9.1	While B33hive supplies the Content Service in good faith, the nature of the Content means that it is supplied on an "as is basis" and B33hive is unable to and does not warrant or represent that the Content:

(a)	is accurate, complete or up to date or that any predictions or forecasts which it contains were prepared with reasonable care, 

(b)	represents the views or opinions of B33hive;

(c)	is suitable for your intended purpose;

(d)	is free of bugs or errors;

(e)	will not contain elements (whether text, images or sounds) which You, or others who observe or hear it, may find objectionable, obscene or otherwise insulting; or

(f)	is necessarily authorised for distribution or use by its ultimate authors.

9.2	Where Third Party Content is provided by means of the Content Service you agree that the Third Party Content is produced by the Third Party Content Provider and acknowledge and agree that B33hive does not endorse or verify the Third Party Content or any Third Party Content Provider. 

10.	Variation of technical specifications relating to the Content Service

B33hive has the right, but not the obligation to, vary the technical specification of the Content Service from time to time.  

11.	Commissions paid to B33hive by Third Party Content Providers

B33hive may receive fees and/or commissions from Third Party Content Providers for any of their Content which is accessed or used by You.  You acknowledge and consent to B33hive receiving these fees and commissions.

12.	Security & Protection of Your Personal Information 

12.1	You acknowledge that B33hive collects and processes information on Your use of any Content Service.  Some of the information collected will not personally identify You but instead track Your use of the Content Service.  You acknowledge that some of the information collected will personally identify You (such as your mobile phone number, gender, age, etc) but acknowledge that B33hive will only collect and use such information when You voluntarily give it to B33hive.

12.2	Subject to the provisions of the Privacy Act 1988 (Cth), B33hive shall be entitled to commercially exploit all information relating to Your use of the Content Service as permitted by the Privacy Policy. 

13.	Sending of Marketing Messages

13.1	You consent to B33hive sending You Marketing Messages. 

13.2	B33hive will include an Identification Mark in all its Marketing Messages. The Identification Mark will be in a form which reasonably enables You to identify or directly contact B33hive.

13.3	You may opt out from receiving further Marketing Messages by contacting B33hive at any time.

13.4	B33hive will comply as soon as practicable with any notice it receives from You in relation to opting out from receiving further Marketing Messages. B33hive will not send further Marketing Messages to You unless and until You request or consent to receive further Marketing Messages.

14.	B33hive's Liability

14.1	Subject only to paragraph 14.2, in no way shall B33hive or its related parties or agents or any Third Party Content Provider be liable for any loss or damage whatsoever including without limitation incidental and consequential loss or damage, lost profits, loss or corruption of data, or expenses arising from or in any way connected with:

(a)	any negligent act or omission of B33hive or breach of these User Terms by B33hive; 

(b)	any, interruptions, malfunctions or delays in or to the supply of the Content Service; or 

(c)	any errors, defects, inaccuracies or lack of completeness in the Content.

14.2	To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Content Services, the Content or B33hive's obligations under these User Terms are excluded.  Where any act of parliament (Act) implies into these User Terms any term, and that Act voids or prohibits provisions under a contract which exclude or modify the operation of such term, such term is deemed to be included in these User Terms.  However, B33hive's liability for breach of such term will be, if permitted by law and to the extent permitted by law, limited to one of the following remedies (at B33hive's option):

(a)	if the breach relates to services:

(1)	the resupply of the services; or

(2)	the payment of the cost of resupplying the services; and

(b)	if the breach relates to goods:

(1)	the replacement of the goods or the supply of equivalent goods;

(2)	the repair of such goods;

(3)	the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(4)	the payment of the cost of having the goods repaired.

15.	Termination & Variation

15.1	B33hive may terminate the arrangement formed under these User Terms:

(a)	in the circumstances specified in paragraph 8.1 without the need to provide compensation for any unused portion of a subscription period or entitlement; or

(b)	for convenience where You have no current subscription or at the expiry of any subscription period.

B33hive will provide notice to You of such termination by SMS.

15.2	B33hive may, at is discretion, decline to offer You new or renew existing subscription packages at any time.  

15.3	Except as entitled under paragraph 8.1 and 15.1, B33hive will not terminate your entitlement to use the Content Service during the term of any subscription package which you have validly ordered and paid for.

15.4	B33hive may vary these User Terms from time to time.  Notice of any variation will be published at the Website. If the variation:

(a)	extends your rights and entitlements and does not impose additional liabilities on You the variation may, if specified by B33hive, have immediate effect; or  

(b)	limits your rights and entitlements or imposes additional liabilities on You the variations will not take effect until the date specified in B33hive's notice which will not be earlier than 15 days after the date the notice is posted on the Website (unless otherwise required to comply with law or to prevent fraud).  If you do not accept the variations You should cease using the Content Service.  You may terminate a subscription at anytime by sending STOP to 193030.  Sending STOP to 193030 will cost You 55c.  Further details about stopping your subscription is available at the Website.  If the effective date of the variation occurs part way through a subscription period and you do not accept the variations and wish to terminate Your subscription and obtain a refund for the unused portion on a pro rata basis you must contact our help desk by phone to arrange for a pro rata refund. 

15.5	Your continued use of the Content Service following the effective date of any variations will indicate Your acceptance of any such variations.

16.	General

16.1	A party will not be liable for any non-performance of its obligations (except payment) where that non performance results from matters beyond its reasonable control.

16.2	B33hive may assign or novate the arrangement formed by these User Terms without Your consent to:

(a)	a related body corporate of B33hive; or

(b)	a third party which has purchased all or substantially all of the B33hive assets relating to the supply of the Content Service. 

16.3	These User Terms are governed by, and must be construed in accordance with the laws of the State of New South Wales.  The parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia.

17.	The Meaning of Certain Words used in these User Terms

B33hive means B33hive Pty Limited (ABN 22 098 702 884).

Content means Rringtones, Wallpapers, games, data, information, images, text, software, music, sound, graphics, video, and other audio or visual material that You can access or transmit by means of the Content Service.

Content Service means the service provided by B33hive that enables You to access and download the Content by means of a website and/or text service through Your mobile phone and includes, if made available by B33hive, any service which allows you to post, upload, input or submit Content or messages for review by or transmission to third parties.

Identification Mark means a symbol, series of characters or texts that:

(a)	may be located either within the body of the message or in the source field address;

(b)	can be either a combination of letters and/or numbers; and

(c)	identifies B33hive, or 

(d)	provides You with a means of contacting B33hive in order to know B33hive's identity and to opt out of receiving further Marketing Messages.

Marketing Message(s) means a message sent via SMS that is designed to promote the sale of or demand for goods or services whether or not it invites or solicits a response from You.

Privacy Policy means the B33hive privacy policy as available at the Website.

Ringtone means a ringtone for a mobile phone.

Third Party Content means Content provided by third parties which is provided to you through the Content Service. 

Third Party Content Provider(s) means any third party that provides Content to You through the Content Service.

User Terms means these terms and conditions agreed to between B33hive and You for use of the Content Service.

Wallpaper means a picture or design used as a background for the screen display of a mobile phone.

Website means the website operated by B33hive at www.buzzword.com.au  You and Your means the person that enters into these User Terms.

Your Mobile Provider means the company that bills You for use of its telecommunications network by means of Your mobile phone.

Your Mobile Provider Mobile Commerce Terms means the terms and conditions on which Your Mobile Provider authorises You to use services such as the Content Service.